Sabine Grant
Member
Generally apprehended or taken into custody suspects are bound to be interrogated by investigators/detectives. Therefor, the importance of them being made aware of their right to remain silent or/and contact a lawyer to be present during said interrogation. Unless there is an assumption that such contact with a lawyer is to be made via telepathic skills of some sort, there should never be any obstruction for a taken into custody suspect to make a phone call for the purpose of contacting a lawyer.Yes most people do pick up that idea from TV.As for the OP, very unlucky to fit the broader parameters of the description but not to be read your rights and denied a phone call?
Maybe I just picked up those novel ideas watching television...
And the ratio of taken into police custody suspects who somehow would not be asked any questions is?They only have to read your rights if they are going to question you.
http://criminal.findlaw.com/criminal-rights/miranda-rights-and-the-fifth-amendment.html
The above link content tells us indeed that once taken into custody and prior to being questioned, the suspect must be read his rights. In this specific case, Belk claims that he was detained for 6 hours while he had asked to contact his lawyer, his request having been declined several times. Up to his lat attempt when he finally was able to contact his lawyer. The fact they did not read him his rights and the reason for it would have been that they had no intention or made no attempt to interrogate him is still highly questionable.Considering that it would reflect a trend for the same PD to arrest an individual, detain them without giving them any opportunity to present their own narrative(with or without a lawyer present ) while being under the protection of the Miranda.
It is certainly not "moot" when it comes to the Judiciary system. I will safely assume that Prosecutors are fully aware that any statement from the suspect obtained without a prior reading of his/her Rights is cause to be rejected by a Judge. Declared to having been obtained unlawfully.You should never talk to police anyway so whether they mirandize you or not should be moot for everyone regardless.