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6 answers

Nothing as long as no confession was taken without being read rights.

2006-08-06 18:12:24 · answer #1 · answered by Black Sabbath 6 · 0 0

A person can be arrested without their Miranda Rights read to them, as long as no questions are asked of that person. Was the person arrested or detained there is a difference. Arrested means you are charged with a crime.

2006-08-07 01:17:30 · answer #2 · answered by show_em_your_badge 3 · 0 0

You need to know why the Miranda rights are given. I don't think you understand what it is due to the nature of your question.

What happens is that if you confess to crimes while in police custody and your rights were not read to you, that confession cannot be entered into a court of law.

In 1963, Ernesto Miranda was arrested for kidnapping and rape, which he confessed to with no warning of his constitutional right to silence, or his right to have an attorney present. At trial, prosecutors offered only his confession as evidence and he was convicted. The Supreme Court ruled (Miranda v. Arizona, 384 U.S. 436 (1966)) that Miranda was intimidated by the interrogation and that he did not understand his right not to incriminate himself or his right to counsel. On this basis, they overturned his conviction. Miranda was later convicted in a new trial, with witnesses testifying against him and other evidence presented. He served 11 years.

2006-08-07 11:14:36 · answer #3 · answered by place_desjardins 2 · 0 0

Come on now, the Miranda rights are about as useful as the old airport questions. Have you been in possession of your luggage the whole time? Did someone ask you to carry something for them? Did you pack your own luggage?

You have the right to remain silent. If you choose not to remain silent, you can change your mind at any time. You have the right to an attorney. If you can not afford one, one will be appointed to you by the court---Do You Understand These Rights?

Most cop cars and or precincts have video surveillance that will verify the mirandizing of subjects.

2006-08-07 01:36:25 · answer #4 · answered by dracomullet 4 · 0 0

Almost no one is read thier rights when they are arrested, that is TV. You can be arrested, and convicted and never read your rights. Your rights only have to be read to you if you are questioned. Normally they will question you back at the station house and will have you sign a copy of your rights.
But if they have enough evidence and don't need to question you, they may never read you your rights.

2006-08-07 11:59:59 · answer #5 · answered by Anonymous · 0 0

A common misconception is that when you are arrested your Miranda rights are read to you. That is not so. Your Miranda Rights are read to you if you are going to be questioned in an ongoing investigation that you are a suspect in. In other words it doesn't matter if you aren't read your rights if they caught you in the act of committing a crime.

2006-08-07 01:20:31 · answer #6 · answered by Amber 4 · 0 0

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