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When Must The Police Read Me My Rights?

Posted by John Rutkowski | Jul 17, 2017 | 0 Comments

Law enforcement must advise a suspect of his rights (Miranda Warnings) when a suspect is in custody. The Florida Supreme Court stated four criteria to help the court determine when a suspect is in custody for Miranda purposes: 1) The way police summoned the suspect for questioning; 2) the purpose, place, and manner of the interrogation, 3) the extent to which the suspect is confronted with the evidence of his or her guilt; and 4) whether the suspect is informed that he or she is free to leave the place of questioning. Ramirez v. State, 739 So. 2d 568 (Fla. 1999).

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John Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice.

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