Legal Question in Criminal Law in Tennessee

I would like to know ...when a person is arrested on a warrent for exradition to another state, the arresting office still has to read that person their right aren't they?


Asked on 7/23/10, 6:52 am

1 Answer from Attorneys

A rights advisement under Miranda vs. Arizona ("Miranda rights") are required according to the standard:

1 - The Defendant must be in custody, and;

2 - They must be questioned by law enforcement about the offense, and;

3 - Their answer will be used against them.

If the person is not advised of their rights, or if they do not specifically waive their rights, then nothing they say can be admitted as evidence against them.

Of course, if the (in your question, the requesting state) has enough evidence to convict without the Defendant's statement being used, the fact that admissions were made is meaningless.

To be blunt, I have had many clients who were arrested, tried, convicted and jailed who never were advised of their rights. Of course, nothing that they said in response to police questioning was ever used against them.

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Answered on 7/23/10, 11:37 am


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