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Legal Beagle stuff
August 13, 2008
8:54 pm
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on my way
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Question:

Does anyone know?:

If a person is cuffed, are they under arrest?

If a person is told they can leave at any time, yet they are cuffed, is this normal?

If a person is not Mirandized before they are cuffed, is that legal?

These laws are SO-o-o-o confusing, they seem to contradict each other. Can someone clarify for me? Thanks!!!!!!!!!!

August 13, 2008
8:55 pm
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crud ball....meant to put this in LIBS!!!!! will move it over.

August 14, 2008
7:14 am
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If the police place handcuffs on a person it could be to detain them until they complete an investigation.

If a person is arrested they are told they are under arrest and read their miranda rights.

Usually the police will tell someone who they have put handcuffs on that they will then decide if the person should be released or arrested.

Most try not to hand cuff a person unless they are going to arrest them.

The police have the power to restrain people who are a danger to themselves or others or who the suspect may have commited a crime.

A criminal lawyer can bet answer your question.

August 14, 2008
7:15 am
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Why are you asking this question. Did this happen to you or someone you know.

August 14, 2008
8:54 pm
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Hi Destiny,

Thank you for your reply. It happened to someone I know.

I think Miranda Laws need to be re-instated. So many people are handcuffed, interrogated, not told they have the right to remain silent, etc., then no matter what they say is deemed admissable in court. If someone is a suspect, then Miranda should be read right away.

Yes have spoken to a criminal attorney, not sure he knows either ...which is why I am hear asking!! 🙂

August 14, 2008
8:55 pm
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whoops..."here" asking, not 'hear', 🙂

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