They, at no point at the McDonald’s, ever read him his Miranda rights, even after informing him that he was under investigation and detaining him
So he wasn’t placed under arrest when they detained him? He wasn’t under arrest at any point while they were at the McDonald’s?
When is the specific point someone is under arrest? My understanding from people asking “am I under arrest or am I free to go” is the suspect is ‘under arrest’ as soon as they are no longer free to go.
And the goal post has been moved. We’ve gone from “he wasn’t technically under arrest” to “arrest and these specific questions are acceptable”. Weren’t you just complaining about a faux-legalistic perspective?
I don’t know what questions he was actually asked but don’t see the point in looking it up for the goal post to move again.
Also of note, you mentioned that they can search his bag without a warrant if it’s on his person when arrested. They searched his bag at McDonald’s. So he was arrested at the time.
Miranda rights don’t need to be read until the person in question is under arrest.
If it was on his person at the time of his arrest, then they can search it without a warrant.
You don’t have to agree with the prosecution of Mangione but critiquing procedure a faux-legalistic perspective does nobody any good.
So he wasn’t placed under arrest when they detained him? He wasn’t under arrest at any point while they were at the McDonald’s?
When is the specific point someone is under arrest? My understanding from people asking “am I under arrest or am I free to go” is the suspect is ‘under arrest’ as soon as they are no longer free to go.
Identity, where’d he been, his ID, don’t constitute “interrogation” for the purpose of Miranda rights.
That’s more or less true, but he didn’t ask, “Am I under arrest.”
And the goal post has been moved. We’ve gone from “he wasn’t technically under arrest” to “arrest and these specific questions are acceptable”. Weren’t you just complaining about a faux-legalistic perspective?
I don’t know what questions he was actually asked but don’t see the point in looking it up for the goal post to move again.
Also of note, you mentioned that they can search his bag without a warrant if it’s on his person when arrested. They searched his bag at McDonald’s. So he was arrested at the time.