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SVTPerformance's Chain of Restaurants
Donut Shop
rights
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<blockquote data-quote="FordSVTFan" data-source="post: 6801123" data-attributes="member: 2243"><p>He was arrested based on a warrant, plus leaving the scene of an accident. There are too many variables with your question. If they questioned him to establish the grounds for the "hit and run" charge, then it is an allowable pre-custodial interview. If he was placed under arrest and taken into custody and then asked questions not meant to elicit an incriminatory response, that is okay too. Miranda is basically necessary when there will be custodial interrogation of a person meant to elicit incriminatory responses. Of course, there are exceptions to this rule as well. </p><p></p><p>The charges would not typically be dismissed if he wasnt mirandized before questioning occurred, the typical remedy is exclusion of the incriminatory statements. Since, they likely have other evidence, the charge will remain.</p></blockquote><p></p>
[QUOTE="FordSVTFan, post: 6801123, member: 2243"] He was arrested based on a warrant, plus leaving the scene of an accident. There are too many variables with your question. If they questioned him to establish the grounds for the "hit and run" charge, then it is an allowable pre-custodial interview. If he was placed under arrest and taken into custody and then asked questions not meant to elicit an incriminatory response, that is okay too. Miranda is basically necessary when there will be custodial interrogation of a person meant to elicit incriminatory responses. Of course, there are exceptions to this rule as well. The charges would not typically be dismissed if he wasnt mirandized before questioning occurred, the typical remedy is exclusion of the incriminatory statements. Since, they likely have other evidence, the charge will remain. [/QUOTE]
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