Is a police officer supposed to read a person their rights when that person has suffered a head injury and doesn’t know what’s going on?
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Is a police officer supposed to read a person their rights when that person has suffered a head injury and doesn’t know what’s going on?
Asked on May 26, 2013 under Criminal Law, Kentucky
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
It depends on case law but reading Miranda doesn't necessarily mean that the officer cannot then repeat it when the person is coherent. Generally, when there is head trauma, a legal argument in court that you didn't understand your rights would be allowed and an inquiry will be made on whether Mianrda was repeated when the doctors indicated you were coherent and could understand your rights.
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