Video from Kenny Laynez-Ambrosio, 18, puts fresh scrutiny on the harsh tactics used to reach the Trump administration’s ambitious enforcement targets
Video from Kenny Laynez-Ambrosio, 18, puts fresh scrutiny on the harsh tactics used to reach the Trump administration’s ambitious enforcement targets
But… It appears they did not read him his Miranda rights, which is a constitutional requirement and they absolutely apply if he’s a citizen. From the sound of it, they’re in clear violation of that.
People always get confused by this.
The ‘Miranda rights’ are actually called the ‘Miranda warning’. Their purpose is to prevent people from self-incrimination: you have the right to remain silent and talk to a lawyer before answering questions. It also warns that anything you DO say can be used against you.
Now, the thing that people get wrong is: these warnings only apply when an officer starts asking you questions related to a potential crime. You still are legally required to cooperate and to give your name and personal details regardless.
So, an officer can legally arrest you without reading the Miranda warning. But if say, a detective will question you later, they still need to give you those warnings. Basically, the only reason most cops read them while arresting is so it’s covered in case they or anyone down the line DOES ask questions.
Not having your ‘Miranda rights’ read is not a get out of jail free card. At best, it could render some evidence inadmissible in court.
https://en.m.wikipedia.org/wiki/Miranda_warning
Thanks, that was a great explanation!
A constitutional requirement for what? Answer that and you’ll understand why it doesn’t matter if they’re in “clear violation.”