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LASD - South Los Angeles Station, Los Angeles County Sheriff
Wednesday March 13th, 2013 :: 03:12 p.m. PDT

Community

Myths about Miranda Rights

In an on-going effort to serve the community in the most professional and responsive manner possible, the South Los Angeles Sheriff’s Station has initiated a social media based community outreach program entitled “Myth vs. Fact: The Law and You.”

The purpose of this program will be to provide weekly legal and/or sheriff’s department policy information to the community through the use of social media. The community will also be afforded the opportunity to e-mail questions directly to the station for discussion or clarification.

This week’s topic: Myths about Miranda Rights

At one time or another, you have probably seen a television show wherein a police officer arrests someone and immediately states, "You have the right to remain silent." Is this something police officers are really required to do? Contrary to the beliefs of many, the answer is no.

Commonly referred to as a "Miranda warning,” law enforcement officers are required to advise a person of his or her right to legal representation, as well as the right to avoid self incrimination only when the following criteria is met:

• The person must be in police custody
• The person is about to be interrogated

In other words, if either one of these circumstances does not exist, advising someone of his or her Miranda rights is not legally required.
So, the next time you are enjoying your favorite police TV show remember, it's simply entertainment and probably not factually accurate.

For additional questions or comments about anything discussed in this topic, please feel free to e-mail South Los Angeles Station at [email protected]

Lieutenant Jeff Adams
South Los Angeles Sheriff’s Station
Los Angeles County Sheriff’s Department
(323) 820-6700
http://www.southla.lasd.org
[email protected]
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Sheriff Leroy D. Baca
Los Angeles County Sheriff's Department
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