They’ll read it to them again, ask if they need a translator or ask what parts they don’t understand. If they don’t get a good answer, they conclude you’re screwing with them and move on with the interrogation.
You’re not asked if you understand. You’re read your rights (as a statement).
If someone’s defence later is that they don’t understand them at all, it will be about proving they lack the mental competence to do so at all, not in the moment.
That said – I like the idea of someone getting super drunk before committing a crime and then relying on the fact they were too drunk during arrest to understand their rights to make it valid…
You don’t need to be read your Miranda Rights during an arrest, and officers typically don’t do so. You need to be read your Miranda Rights if the state wants statements you give during an interrogation to be admissible in court. Saying no is functionally the same thing as refusing to be interrogated.
They will assume they can’t question you, because you can’t understand that their questioning puts you at a disadvantage. So if they ask you something and you let slip some information, you have an argument (not that you will win it) in court that you didn’t understand you were self-incriminating and that self-incriminating could hurt you because you didn’t understand that you didn’t have to answer any questions the police asked.
Whether that means the statements are admissible or not depends heavily on your judge, your lawyer, the augments presented, and what you said.
>What if somebody says „No“ when asked if they understand there rights during a arrest?
They won’t interrogate you but will let you run your mouth.
Then you’ll end up in a competency hearing before your trial potentially adding more hurdles to your own case.
Just invoke your right to remain silient, get an attorney.
Not understanding won’t safeguard you from arrest or prosecution as that isn’t the purpose of those rights. Just to safeguard people during interrogation and let them know they have a right to a lawyer when being interrogated
They don’t just let you go if you don’t understand the language. Do you think someone from China can come here and start st-bb-ng people without consequences? I’d imagine police have a printed version of Miranda rights for people claiming to be deaf (or a saved video of sign language). If someone’s still claiming to not understand they get cuffed and thrown in the cop car.
They won’t question you further, but it won’t help you. Sometimes they will read Miranda line by line and ask you each line if you understand. If you continue to say you don’t understand, every judge in the world will agree you’re just obfuscating. You can see this in action on the many cop body cam videos on YouTube. It NEVER works. And no resonable person would expect it to work.
Check out Sovereign Citizens on YouTube. They believe(or act like they do) that the US laws don’t apply to them, because they found some loophole and printed out some documents. They will refuse to agree to anything. The police will say it again and again in different ways. They do the same thing in court. Refusing to say they ‘understand’ instead say they overstand. They get away with a lot with this BS, but some cops and judges are starting to figure out how to deal with them.
Stay silent, not saying yes, it’s a way to wave your right not to speak, they might try several times to get you to say anything.
If anything, just lawyer.
Good luck
Miranda Rights, as I understand it, are only applicable to being questioned. If you claim not to understand then they won’t ask you questions until you can obtain or be provided legal counsel.
The only reply you say to the police during an interrogation is I want a lawyer. They must stop until you get one. Do not fall for The . I’m just trying to help you bullshit line. They will feed you. They are not trying to help you.
The police don’t need to read Miranda rights for an arrest, only to question the person.
If they don’t understand and/or say they don’t understand, hopefully the police won’t continue questioning.
They often do anyway, and the defense brings it up later. I’ve seen this happen quite a few times when police question people in the hospital/immediately out of surgery when they can’t understand. Also in competency cases.
This happens all the time really, what they do is to explain to you in simple terms what it means. Like by saying, You can keep quiet do you understand? You can have an attorney present, do you understand. They will ask you specifically what part you don’t understand. If you still refuse they just call in an attorney.
My uncle was in the NYPD and his officers picked up a guy who had thrown a rock at a woman. It was clear to them that he was mentally unequipped. They held him and were able to find a relative who told them that he is basically an idiot and must have walked out of the hospital again.
They don’t need to pull out a little card and get you to agree to it, BTW. The officer might say something like, “We’re just going to ask you a few questions. You don’t need a lawyer for that, do you?” And you, trying to be cooperative, say sure, officer.
The only thing to say is “I am going to remain silent, I want to speak to an attorney,” and then, shut up.
Your Miranda Rights are your rights regarding answering questions. If you don’t understand, it’s the same as if you understood your rights and choose not to talk. You just… Cease talking.
As I understand it, there’s no requirement that the arresting officer ask if the suspect understands their rights.
>Every U.S. jurisdiction has its own regulations regarding what, precisely, must be said to a person arrested or placed in a custodial situation. The typical warning states:^([12])^([13])
>You have the right to remain silent and refuse to answer questions.
>If you give up the right to remain silent, anything you say can and will be used against you in a court of law.
>You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
>If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
>If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
>Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?
Saying “no” and/or refusing to use the word “understand” is a popular tactic with Sovereign Citizens. They mistakenly believe that it works as a delaying tactic. It might work briefly, but eventually the cops just cuff and stuff.
I’ll probably never get arrested but I kinda want to because I don’t understand all of the Miranda Rights and I really want to ask a few questions.
“what I say can and will be used against me”
That sounds like a threat. That doesn’t sound like they’re gathering evidence. That sounds like they’re twisting my words. Why would I EVER agree to the Miranda Rights with that in there? I mean, at least they gave me a warning that they are not on my side but I thought I was innocent until proven guilty here? That’s not how that sounds. It certainly sounds like they assume I’m guilty and they’re going to make it seem that way to anyone else. Why would I trust a police officer who has to utter those words?
Keep in mind, I am a white, smalltown housewife of a veteran who runs a daycare and volunteers with the local youth community, the perfect “trad wife” according to some (until they talk to me and realize I’m as liberal as they come) and even I’m tilting my head going ‘uhm…’
Former law enforcement here. Mirandizing a suspect is required before an interrogation while in custody, called a custodial interrogation. If you claim to not understand while being arrested, I’d indicate that on the writ and inform the next person they see so an attorney or translator could be arranged. From the time you are arrested until you acknowledge you understand your rights, you are to be asked nothing other than routine questions. Anything you say between being placed under arrest and acknowledging your rights, either on your own or through an attorney, may be deemed inadmissible.
Answer given to questions prior to arrest are admissible in court because it’s implied that you are free to go unless you’re detained.
You do not have to be mirandized while detained but police are limited in the questions they can ask. They will often try to ask questions that elicit a voluntary response, like feign being joking around and cordial. It’s a tactic we’re taught to get you to let your guard down and speak voluntarily. Being detained is like purgatory between freedom and arrest.
Statements made without being questioned are voluntary and are admissible in court even if you have not been advised of your rights.quite a few people have incriminated themselves in the back of a patrol car on their way to detention because they couldn’t tolerate the silence and just needed to talk.
As a former LEO, let me stress that you never say anything from the time the questions leave the “routine” territory to when you speak through your attorney. Don’t worry about appearing to look guilty by asking for a lawyer. I don’t give a shit if I look guilty to the cops. The jury is who I need to convince. Identify yourself then shut the fuck up.
According to the, Black’s Law Dictionary when you state that you understand something it’s akin to entering a contract with law enforcement and the courts. I do not wish to enter into any contracts so I will simply remain silent and request and attorney.
It would essentially be the same as the person exorcising their 5th amendment rights and declining to make a statement without their attorney present. The next question after “do you understand…” is “do you waive your rights and wish to make a statement…”
You won’t be able to explicity invoke your Miranda rights, which due to a recent (and IMuninformedO wrong) SCOTUS decision means that there’s a risk of you not being able to claim them in court.
It’s important to note that they read you your rights before they ask you questions it’s not mandatory when you’re being arrested. So if you say you don’t understand they’ll try to clarify it for you in simpler terms, if you continue to say you don’t understand, the only thing that really happens is that they can’t ask you any questions and worse you’ll probably just be stuck in jail with no lawyer or even able to get a phone call.
United States v. Garibay (1998) clarified an important matter regarding the scope of Miranda. Defendant Jose Garibay barely spoke English and clearly showed a lack of understanding; indeed, “the agent admitted that he had to rephrase questions when the defendant appeared confused.”[24] Because of the defendant’s low I.Q. and poor English-language skills, the U.S. Court of Appeals ruled that it was a “clear error” when the district court found that Garibay had “knowingly and intelligently waived his Miranda rights.”
Berghuis v. Thompkins (2010) was a ruling in which the Supreme Court held that a suspect’s “ambiguous or equivocal” statement, or lack of statements, does not mean that police must end an interrogation.
When a suspect tells me in an interview they don’t understand the caution (rights during a UK interview) I just tell them that I have explained that caution fully as per my training, if they later tell a court they didn’t understand it then the court will watch the recording, consider if we had treated them fairly in custody, what level of education etc they had, and lastly if they had ever been interviewed by that police before, and if so how many times (meaning they had been through that process before).
At that point their solicitor always seems to kick them under the table and they then tell me they understand after all.
They’ll usually repeat Mirandize them. If they still say no, they’ll sometimes ask what they don’t understand. If they don’t, the judge usually will. Saying “no” doesn’t keep you from being arrested. It just keeps police from talking to you. It’s a stupid game to play if you’re just saying no to say no. They can hold you for 48 hours just because.
Yeah, those words are a struggle for many since our public education system has let us down over the last 2-3 decades or more. Especially in those regions that require the most tax dollars. Police should start off with the question, ‘are you the product of a single parent household?’ Then go from there.
If they say no, read them again. If it’s no again just don’t ask any investigative questions and move on. Usually at this point the individual is under arrest anyways.
Comments
Better to stay calm or get shot in ‘merica.
They’ll read it to them again, ask if they need a translator or ask what parts they don’t understand. If they don’t get a good answer, they conclude you’re screwing with them and move on with the interrogation.
doesnt matter, they just have to read them to you
You’re not asked if you understand. You’re read your rights (as a statement).
If someone’s defence later is that they don’t understand them at all, it will be about proving they lack the mental competence to do so at all, not in the moment.
That said – I like the idea of someone getting super drunk before committing a crime and then relying on the fact they were too drunk during arrest to understand their rights to make it valid…
You don’t need to be read your Miranda Rights during an arrest, and officers typically don’t do so. You need to be read your Miranda Rights if the state wants statements you give during an interrogation to be admissible in court. Saying no is functionally the same thing as refusing to be interrogated.
They will assume they can’t question you, because you can’t understand that their questioning puts you at a disadvantage. So if they ask you something and you let slip some information, you have an argument (not that you will win it) in court that you didn’t understand you were self-incriminating and that self-incriminating could hurt you because you didn’t understand that you didn’t have to answer any questions the police asked.
Whether that means the statements are admissible or not depends heavily on your judge, your lawyer, the augments presented, and what you said.
It will be used against you in the court of law
what if somebody says I object at a wedding when asked speak now or forever hold your peace?
Well they explain it right then and there. TBH, they should do like other countries and not question w/o a lawyer on hand ever anyway.
>What if somebody says „No“ when asked if they understand there rights during a arrest?
They won’t interrogate you but will let you run your mouth.
Then you’ll end up in a competency hearing before your trial potentially adding more hurdles to your own case.
Just invoke your right to remain silient, get an attorney.
Not understanding won’t safeguard you from arrest or prosecution as that isn’t the purpose of those rights. Just to safeguard people during interrogation and let them know they have a right to a lawyer when being interrogated
They don’t just let you go if you don’t understand the language. Do you think someone from China can come here and start st-bb-ng people without consequences? I’d imagine police have a printed version of Miranda rights for people claiming to be deaf (or a saved video of sign language). If someone’s still claiming to not understand they get cuffed and thrown in the cop car.
[deleted]
They won’t question you further, but it won’t help you. Sometimes they will read Miranda line by line and ask you each line if you understand. If you continue to say you don’t understand, every judge in the world will agree you’re just obfuscating. You can see this in action on the many cop body cam videos on YouTube. It NEVER works. And no resonable person would expect it to work.
They don’t care
Say Yes.
Say, I’d like to speak to my lawyer.
Say I’m invoking my right to remain silent.
Say nothing else.
Check out Sovereign Citizens on YouTube. They believe(or act like they do) that the US laws don’t apply to them, because they found some loophole and printed out some documents. They will refuse to agree to anything. The police will say it again and again in different ways. They do the same thing in court. Refusing to say they ‘understand’ instead say they overstand. They get away with a lot with this BS, but some cops and judges are starting to figure out how to deal with them.
Stay silent, not saying yes, it’s a way to wave your right not to speak, they might try several times to get you to say anything.
If anything, just lawyer.
Good luck
if that’s where you’re asking about, police have to make sure you understand your rights
Mentally ill and disabled get arrested every day most of the time the cops are very slow and patient with the disabled
They explain them, what do you think happens lol
Miranda Rights, as I understand it, are only applicable to being questioned. If you claim not to understand then they won’t ask you questions until you can obtain or be provided legal counsel.
The only reply you say to the police during an interrogation is I want a lawyer. They must stop until you get one. Do not fall for The . I’m just trying to help you bullshit line. They will feed you. They are not trying to help you.
*their
*Their, you illiterate dumbass.
something along those lines:
https://youtu.be/flHO0qgSb90?si=ucWNM-tG1DvUm1Wm
Also, I’ve seen videos where the arrestee puts his fingers in his ears and goes “la la la la” like a 5 year old.
That doesn’t work either.
The police don’t need to read Miranda rights for an arrest, only to question the person.
If they don’t understand and/or say they don’t understand, hopefully the police won’t continue questioning.
They often do anyway, and the defense brings it up later. I’ve seen this happen quite a few times when police question people in the hospital/immediately out of surgery when they can’t understand. Also in competency cases.
This happens all the time really, what they do is to explain to you in simple terms what it means. Like by saying, You can keep quiet do you understand? You can have an attorney present, do you understand. They will ask you specifically what part you don’t understand. If you still refuse they just call in an attorney.
My uncle was in the NYPD and his officers picked up a guy who had thrown a rock at a woman. It was clear to them that he was mentally unequipped. They held him and were able to find a relative who told them that he is basically an idiot and must have walked out of the hospital again.
They don’t need to pull out a little card and get you to agree to it, BTW. The officer might say something like, “We’re just going to ask you a few questions. You don’t need a lawyer for that, do you?” And you, trying to be cooperative, say sure, officer.
The only thing to say is “I am going to remain silent, I want to speak to an attorney,” and then, shut up.
Your Miranda Rights are your rights regarding answering questions. If you don’t understand, it’s the same as if you understood your rights and choose not to talk. You just… Cease talking.
The nine members of the Supreme Court couldn’t agree on them. How could I hope to fully understand them?
As I understand it, there’s no requirement that the arresting officer ask if the suspect understands their rights.
>Every U.S. jurisdiction has its own regulations regarding what, precisely, must be said to a person arrested or placed in a custodial situation. The typical warning states:^([12])^([13])
>You have the right to remain silent and refuse to answer questions.
>If you give up the right to remain silent, anything you say can and will be used against you in a court of law.
>You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
>If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
>If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
>Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?
https://en.wikipedia.org/wiki/Miranda_warning
Saying “no” and/or refusing to use the word “understand” is a popular tactic with Sovereign Citizens. They mistakenly believe that it works as a delaying tactic. It might work briefly, but eventually the cops just cuff and stuff.
The cops roll for initiative and get +5 to grappling.
I’ll probably never get arrested but I kinda want to because I don’t understand all of the Miranda Rights and I really want to ask a few questions.
“what I say can and will be used against me”
That sounds like a threat. That doesn’t sound like they’re gathering evidence. That sounds like they’re twisting my words. Why would I EVER agree to the Miranda Rights with that in there? I mean, at least they gave me a warning that they are not on my side but I thought I was innocent until proven guilty here? That’s not how that sounds. It certainly sounds like they assume I’m guilty and they’re going to make it seem that way to anyone else. Why would I trust a police officer who has to utter those words?
Keep in mind, I am a white, smalltown housewife of a veteran who runs a daycare and volunteers with the local youth community, the perfect “trad wife” according to some (until they talk to me and realize I’m as liberal as they come) and even I’m tilting my head going ‘uhm…’
Former law enforcement here. Mirandizing a suspect is required before an interrogation while in custody, called a custodial interrogation. If you claim to not understand while being arrested, I’d indicate that on the writ and inform the next person they see so an attorney or translator could be arranged. From the time you are arrested until you acknowledge you understand your rights, you are to be asked nothing other than routine questions. Anything you say between being placed under arrest and acknowledging your rights, either on your own or through an attorney, may be deemed inadmissible.
Answer given to questions prior to arrest are admissible in court because it’s implied that you are free to go unless you’re detained.
You do not have to be mirandized while detained but police are limited in the questions they can ask. They will often try to ask questions that elicit a voluntary response, like feign being joking around and cordial. It’s a tactic we’re taught to get you to let your guard down and speak voluntarily. Being detained is like purgatory between freedom and arrest.
Statements made without being questioned are voluntary and are admissible in court even if you have not been advised of your rights.quite a few people have incriminated themselves in the back of a patrol car on their way to detention because they couldn’t tolerate the silence and just needed to talk.
As a former LEO, let me stress that you never say anything from the time the questions leave the “routine” territory to when you speak through your attorney. Don’t worry about appearing to look guilty by asking for a lawyer. I don’t give a shit if I look guilty to the cops. The jury is who I need to convince. Identify yourself then shut the fuck up.
According to the, Black’s Law Dictionary when you state that you understand something it’s akin to entering a contract with law enforcement and the courts. I do not wish to enter into any contracts so I will simply remain silent and request and attorney.
In most jurisdictions the police do not need to read you those rights at the time of arrest. You can be provided instructions during booking
It would essentially be the same as the person exorcising their 5th amendment rights and declining to make a statement without their attorney present. The next question after “do you understand…” is “do you waive your rights and wish to make a statement…”
“I won’t answer questions without my lawyer present”
“But you are a lawyer”
“So where’s my present?”
They’ll read them again, and the do it line by line putting it more simply
You won’t be able to explicity invoke your Miranda rights, which due to a recent (and IMuninformedO wrong) SCOTUS decision means that there’s a risk of you not being able to claim them in court.
It’s important to note that they read you your rights before they ask you questions it’s not mandatory when you’re being arrested. So if you say you don’t understand they’ll try to clarify it for you in simpler terms, if you continue to say you don’t understand, the only thing that really happens is that they can’t ask you any questions and worse you’ll probably just be stuck in jail with no lawyer or even able to get a phone call.
United States v. Garibay (1998) clarified an important matter regarding the scope of Miranda. Defendant Jose Garibay barely spoke English and clearly showed a lack of understanding; indeed, “the agent admitted that he had to rephrase questions when the defendant appeared confused.”[24] Because of the defendant’s low I.Q. and poor English-language skills, the U.S. Court of Appeals ruled that it was a “clear error” when the district court found that Garibay had “knowingly and intelligently waived his Miranda rights.”
All from wikipedia
When a suspect tells me in an interview they don’t understand the caution (rights during a UK interview) I just tell them that I have explained that caution fully as per my training, if they later tell a court they didn’t understand it then the court will watch the recording, consider if we had treated them fairly in custody, what level of education etc they had, and lastly if they had ever been interviewed by that police before, and if so how many times (meaning they had been through that process before).
At that point their solicitor always seems to kick them under the table and they then tell me they understand after all.
Nothing, they don’t have to make you understand it, just that they read them to you.
Then they will explain they to you in different ways until you understand
They’ll usually repeat Mirandize them. If they still say no, they’ll sometimes ask what they don’t understand. If they don’t, the judge usually will. Saying “no” doesn’t keep you from being arrested. It just keeps police from talking to you. It’s a stupid game to play if you’re just saying no to say no. They can hold you for 48 hours just because.
They still get arrested…. just with subtitles.
You’re off the hook ! 😂
Yeah, those words are a struggle for many since our public education system has let us down over the last 2-3 decades or more. Especially in those regions that require the most tax dollars. Police should start off with the question, ‘are you the product of a single parent household?’ Then go from there.
You’ll be arrested. Not understanding your rights does not keep you from getting arrested, it only affects the use of evidence.
I’d want to see that too
Their rights
If they say no, read them again. If it’s no again just don’t ask any investigative questions and move on. Usually at this point the individual is under arrest anyways.
The fun part is you don’t have to answer. You have a 5th amendment right to not answer any questions by the police.
Dont understand your rights ? That’s a you problem
Then if they’re competent AND honest they don’t question you. May the odds be ever in your favor.