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by srothstein
Sun Dec 25, 2011 9:33 pm
Forum: General Texas CHL Discussion
Topic: Sealed record disclosure
Replies: 23
Views: 5994

Re: Sealed record disclosure

Ameer,

In the Court of Criminal Appeals decision (Kurtz) that said that a traffic stop was an arrest, they specifically said it did not rise to the status of a custodial arrest that would trigger Miranda. The key point is that Miranda does not say you must be warned of your rights when you are arrested, but when you are being asked questions while in custody whether arrested or not.

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