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I was arrested for robbery. The arresting officer questioned me about the incident, but didn't read me my Miranda rights. Did he commit a crime? Can I sue him?
In most situations, the only recourse a defendant has when police have questioned him in custody without informing him of his Miranda rights is to attempt to have his answers kept out of evidence in any resulting trial. If the questioning was accomplished by force or fear, a defendant may have a civil claim that his civil rights were violated, but such claims are rarely brought and very difficult to win.
by: Sara J. Berman
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