My Friend Was arrested and he was not read his Miranda Rights at all!

this may be in the wrong spot mods. I couldnt find a better place.

The story of evens I'm going to tell you take place this week in Michigan.

As some posters who follow along with my threads may know I'm in high school. And we have a program where 11th and 12th graders are bused to another place called the GSAC. The "Gxxxxxxx Area Skill Center" basically its liike a college...tons of schools send kids there for various subjects, culinary, welding, smart home technology, veterinary care, ect.

Well, there was a simple prank that or action someone asshole did was "pants" another kid. Basically its just where you pull down another students pants, no underwear, to embarrass. Well another student filmed it on their cell phone and sent it to my friend "Matt". And later that day he uploaded it to YouTube not thinking anything.

The next day that student tell his parents who call the skill center up and tell them this. The cops then come and question all the people involved. Then arrest the 2 kids right there on the spot at skill center.

Matt was charged with a FELONY. "Harassment with an electric device." The kid who did the deed himself was let off with nothing...even though he did the "physical" harassment. Why wasn't he charged?? If my friend did it electronically why didn't he just get harassment!!
His phone has also been take for evidence. Even though the kid who filmed it wasnt.
Come the nnext day matt tells me he wasn't read his Miranda Rights and I said get a lawyer. And he said his mom said its his word against the cops. So we left it at that. Through the day I remember that when your arrested you get them told to you orally, then you sign a paper with them and sign where it says you where read them and understand, confirmed by others who have been locked up.

HE WASNT GIVEN EAITHER ONE!

Now he has proof... no signed paper.


Isn't this unconstitutional!!!! What happens when this occurs? I have read everything must be dropped...is this true?
I need your help ATS!
Could this not be a landmark court case?!

"No comment - may I see a lawyer".

That's all you say. That's all you ever say.

If they kill you for saying that, well, haunt them I guess. I saw a ghost before, I am sure it would work.

I've been arrested without being read my rights before.

They can do this for I have seen it done on several occasions also.
You are not required to be read your rights until you are questioned.

Was he actually cuffed and taken to jail?

What muzzleflash said.

The thing that's going to suck hard about this is it's a current pop-law issue with school bullying and electronic harassment and eventual suicides and all.

Depending on how involved with pop-culture crap your town is this could be all sorts of noisy and stupid.

reply to post by gpena


The only thing your friend has going for him is that the cop can't use any of your friends statements during the arrest against him. The Miranda rights are more about your rights to not submit to any questioning. It doesn't mean you can't be arrested.

as I understand it they don't have to read your rights until arraigned,thats what they did to me.I thought all was good because I had not been read my rights,my attorney said incorrect the can wait until arraigned....B.S. huh...tell your friend I wish him luck,it's a shame,when I was in H.S. in the 70's,when you got pantsed,it ALL came down....funny though the worst we ever got was detention...what has happened to our country...peace ya'll

When police officers question a suspect in custody without first giving the Miranda warning, any statement or confession made is presumed to be involuntary, and cannot be used against the suspect in any criminal case. Any evidence discovered as a result of that statement or confession will likely also be thrown out of the case.

For example, suppose Dan is arrested and, without being read his Miranda rights, is questioned by police officers about a bank robbery. Unaware that he has the right to remain silent, Dan confesses to committing the robbery and tells the police that the money is buried in his backyard. Acting on this information, the police dig up the money. When Dan's attorney challenges the confession in court, the judge will likely find it unlawful. This means that, not only will the confession be thrown out of the case against Dan, but so will the money itself, because it was discovered solely as a result of the unlawful confession.

criminal.findlaw.com...

Originally posted by kro32
Was he actually cuffed and taken to jail?

Yep. Saw him being walked out past my classroom with a cop where the cop cuffed him outside.

Looks like they are now trying to make cameras a illegal act..called... "Harassment with an electric device."..Tell him to get a attorney and tell the cops to kiss his A**....I have seen people bet these cases because they weren't read their rights but now days it is getting really hard to do. I don't even know if we even have any right now or not...They stopped Habeas corpus so we may not have any rights as far as they are concerned...This nation has gone to hell.....Best of luck to your friend....

Authorities are taking cyber bullying very seriously these days. It's getting out of control, on both ends in my opinion. I was arrested when I was a teenager, (not for bullying) and I WAS read my rights, and arrested justly, so I can't really offer any legal advice as to the procedure of the arrest. But if he was not read his rights, unless he is listed a terrorist threat, then I am pretty sure he was not arrested legally. However, do some research on the cyber bullying cases in the news lately, and you'll see that your friend might want to consider not just a lawyer, but a really really good one. He is in a lot of trouble if he's connected to this in any way. There's a case right now where they're debating charging 12 year olds with felony charges. www.komonews.com...
Get over uploading prank videos on youtube, and a judge might take you seriously.

reply to post by gpena


Definitely sucks, but yeah looks like Miranda is only required prior to interrogations.

However, do the police have any proof of WHO recorded the video with your friend's phone? Unless he was stupid and admitted to it (as said before, NEVER talk to cops - use that 5th amendment), I'd like to see how it turns out if the cops are asked to prove who recorded the video.

And agreed - this is quite stupid and I would be surprised if it weren't thrown out of court, unless there's something more to the story somewhere.

Originally posted by Praetorius
reply to post by gpena

 

Definitely sucks, but yeah looks like Miranda is only required prior to interrogations.

However, do the police have any proof of WHO recorded the video with your friend's phone? Unless he was stupid and admitted to it (as said before, NEVER talk to cops - use that 5th amendment), I'd like to see how it turns out if the cops are asked to prove who recorded the video.

And agreed - this is quite stupid and I would be surprised if it weren't thrown out of court, unless there's something more to the story somewhere.

Exactly!!! When the police where there with the principle and students that's where it came out who did what. I'm almost positive the police where there when questioned.

I told him not to admit to anything!
I also hope it gets thrown out. I'd love to have a talk with those cops and vent.

reply to post by gpena

I told him not to admit to anything!
I also hope it gets thrown out. I'd love to have a talk with those cops and vent.

Just be VERY careful if you're ever going to interact with the cops. Things not quite so reasonable anymore, it seems.

Hope your friend will be OK. I'm a bit interested in this now as I hadn't been following the cyberbullying stuff, but can't really see how this is bullying in the first place. Curious how the case will go, and wondering if anyone involved as far as cops, judge, attorneys, etc., would be willing to swear under oath that they've never been involved in the like before, either...

1. Always get a lawyer (even if all you can get is a public defender)
2. Always be polite to the cops and judge, etc.
3. Never submit to questioning without your lawyer present.
4. Document EVERYTHING who, what, when, how, where, etc.

Iv wrote down what most of you have said and I will talk to him Monday (tomorrow ) since I can not call him because the police still have his phone. And not the computer which is what was used to upload the video!

This is unbelievable.

reply to post by gpena


It's not unbelievable. This is not a "landmark case" The best your friend can hope for is for the charges to be dropped. The police do NOT have to read you the Miranda Rights before they arrest you.

Originally posted by MJZoo
reply to post by gpena

 

It's not unbelievable. This is not a "landmark case" The best your friend can hope for is for the charges to be dropped. The police do NOT have to read you the Miranda Rights before they arrest you.

they do before they question you.
And it may not be before they arrest you , but they have to at one point or another. And they DIDNT.
That is what's in question and the point of this thread