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:	post by the_reverend at 2007-09-20 00:02:32

if it were, they would write it in there. it's just culture, not law. Get another justice on there and that ruling could easily be over turned. so try again, what I said still stands. Constitutional Law != Cultural expectations. that's the whole point of the Constitution, something that is constant and about the quick flowing tides of society. If it weren't, the constitution would be so full of whiteout and holes. thankfully, in 20 or 100 years, the constitution will pretty much be the same as it was before and is now.

Due to the prevalence of American television programs and motion pictures in which the police characters frequently read suspects their rights, it has become an expected element of arrest procedure. In the 2000 Dickerson decision, Chief Justice William Rehnquist wrote that Miranda warnings had "become embedded in routine police practice to the point where the warnings have become part of our national culture." Dickerson v. United States 530 U.S. 428 (2000). However, police are only required to warn an individual whom they intend to subject to custodial interrogation at the police station, in a police vehicle or when detained. Arrests can occur without questioning and without the Miranda warning — although if the police do change their mind and decide to interrogate the suspect, the warning must then be given. Furthermore, if public safety (see New York v. Quarles) warrants such action, the police may ask questions prior to a reading of the Miranda warning, and the evidence thus obtained can sometimes still be used against the defendant.

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