• HighFructoseLowStand@lemm.eeBanned from community
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    2 months ago

    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.”

    • CileTheSane@lemmy.ca
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      2 months ago

      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.