Legal Question in Constitutional Law in Pennsylvania
If one is NOT under arrest , can anyone refuse to go to the police station for questioning?... And if the police would come physically to take you there, surely they couldn't charge you for resisting arrest, since your not under arrest !
If your rights are to be read to you if your under arrest, must they also read and heed these same rights if only for questioning?
1 Answer from Attorneys
Clearly you know you have the right to remain silent in a custodial situation. You also know that even if you are not in custody you have the right to remain silent the catch is that if you aren't in custody they don't have to give you the Miranda Warning and they can use it against you.
By the way when Miranda was retried he was still convicted even without his statements to the police.
{John}
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