gngr~snap
Verified Pediatric Nurse Georgia
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- Apr 19, 2010
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"Under Georgia law, if circumstances are such that a reasonable person would believe that he/she were under arrest, then an arrest has occurred. If the time of arrest is in dispute, a judge will make the determination at a pretrial hearing."The small detail that I would like to know about is when was JRH read his rights? We know that he was cuffed and put into a police car at the scene and taken to the police station where he was questioned. Hours later he was arrested.
Did LE read him his rights when he was first detained and he waived his right to remain silent? Or did they remove the cuffs, make it clear that he was free to leave the police station and he then voluntarily answered LE questions without the Miranda warning being read to him?
I'm wondering if any incriminating statements JRH made to LE will be ruled inadmissible in court.
"*Any incriminating statements you make while being interrogated prior to being placed under arrest are admissible in court. Keep in mind that you are under no legal obligation to talk to the police during a First or Second Tier encounter."
http://www.avvo.com/legal-guides/ugc/mirand-rights-in-georgia
I can't find anything from the court system about this. I know I have seen several people get cuffed and put in a patrol car by Cobb County and I just realized,
I have never heard them Mirandize anyone.
Weird!
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