Ohio Supreme Court rules Miranda warnings not required by social workers

Quote:

---

Originally Posted by MisterVeritis

I do not. CPS are police without badges and weapons. This violates the spirit of the 4th Amendment.

---

Spirit? Either the Constitution says it or it doesn't. It doesn't.

Quote:

---

Originally Posted by Major Lambda

Ok. Respectfully, I am not a lawyer. And I am familiar , familiar only with Miranda vs Arizona.

But the fifth amendment is the fifth amendment. CPS, Social Worker or Police Officer. Why would Miranda not apply to all?




Major Lambda

---

Miranda applies to the police and Court officers like the DA. Social workers are neither.

Miranda rights are recited to individuals that are arrested, social workers cannot arrest

Plus, Miranda only applies in custody.

I have been asked by hospital staff if I owned firearms when there for care for my child. Very disconcerting to say the least.

I don't care for this ruling. Uninformed people are going to be needlessly incriminating themselves because of notes taken by a social services flunky in an interview.

Quote:

---

Originally Posted by Common

Again, they are NOT law enforcement officers, they have no power of arrest or even to detain you. Any information they gleen from you is turned over to law enforcement to investigate. Sworn Law Enforcement make the arrests.

What you are all forgetting is that ANYONE can give information that leads to your conviction as in your neighbor gleening information from you in conversation and then turns that over to police

Parole officers are not required to read your miranda rights before they question you

---

Again, they own your paper, and you are required as part of your early release to co-operate with them. So until you recover your paper, you are theirs. But you should never agree to anything until you've consulted a mouthpiece.
Now, as far as CPS goes, a very long time ago, in another life, I had to deal with these people., They can ask the prosecutor to proceed with civil charges on their behalf. If I failed to commit to their wants and needs, our children were threatened with removal. They do have that authority. Failure to comply with their questions will result in their illegal actions, which are backed by the State.
I now what I'm talking about. Been there, done that.
Here it is. When my son was 10 years old, he suffered a major brain trauma. It just happened. It happens to 5% of the population. Older people die from it, but some live, children are usually the stayers. They constitute 1% of all brain injuries.
CPS was called. I was dragged through their f**king system. Not even the neurosurgeon's word was good enough for them. They advised my wife to take the kids and leave.
When I first asked if I needed an attorney, they told me no. THAT was a lie. After two interrogations, I lawyered up. Even then, they tried to use my statements against me in a court of law. The people who showed up at my door were from CPS, and they had badges and guns with police in tow.
It cost us over 5 thousand to beat them at their own game. If I had lawyered up to begin with, it would have never gotten that far.
I did nothing to my child, yet they were determined to see me behind bars. When the judge mocked them in court, he asked me if I wanted those charges purged. Of course I did.
After that, they hounded me for three years. But I always referred them to my lawyer, and they absolutely hated that.
So, yes, if you are dealing with CPS, lawyer up before you go to any "interrogation."

ANY agent of the state should be required to be sure a citizen is aware of his rights before proceeding with any questions/interviews, inspections, that could result in criminal charges.

In many cases social workers do have a requirement to tell people that they are a mandatory reporter for certain offenses such as domestic abuse. They don't read people Miranda warnings- they are not granted law enforcement power.