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Archive for November 3rd, 2008

Nov 03 2008

The Right To Be Left Alone 19; Miranda Rights

 A man “taken into custody or otherwise deprived of his freedom of action in any significant way” must first “be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed.”  The question of when does a person have the right to be left alone especially in the face of being detained by authorities is an essential one. Even in the face of detainment one has at least the right to silence and any attempt to with hold these rights can be cause of dismissal to a case based on the citizen’s detainment. Check out the following link to the ruling on who’s bases the simple right to silence has been established:

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?navby=case&court=US&vol=511&invol=318

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