No matter how many times, or the reason for the arrest, is a Miranda warning required???
2006-09-09 09:15:03 · 22 answers · asked by shalarenne 1 in Politics & Government ➔ Law Enforcement & Police
You've ask a tough question here. Namely because there are situations where the law is not required to read you your rights.
I know some will argue this point. But, without knowing the situation it's hard to give a firm yes or no.
In a nutshell though. If you are being "placed under arrest" yes they should read you your rights.
If you are being "detained" that's a grey area.
An example for you: You're drunk...dog drunk, did you get your rights read? Where you too drunk to comprehend? You woke up in the drunk tank. Are you man enough to stand in front of a Judge and admit "I don't think so, but I was really to drunk to remember/understand."
2006-09-09 09:27:25 · answer #1 · answered by Anonymous · 0⤊ 1⤋
Three things need to be in place.
1) Custody
2) interrogation (that only means questions directed at the crime)
3) Law Enforcement
If one of the three are not there, Miranda is not required.
If you are arrested for DUI, for instance, and the police do not ask incriminating questions there is no need to be told your rights per Miranda. You could easily be arrested for public disorder and never be advised of your rights per Miranda. Lots and lots of arrests are made that Miranda is not needed.
There are many interpretations of 'custody'. If a person doesn't feel he or she is free then custody is normally in place. That's one of the confusing points of Miranda. If you were in that situation and weren't sure, ask 'am I free to leave'. There should be no question after that. If you're told from the start that you are free to leave, the door is open nothing stopping you from leaving, no matter what is asked Miranda doesn't not apply.
2006-09-09 09:36:12 · answer #2 · answered by MJ 2 · 1⤊ 0⤋
Miranda Rights are only required to be given if the subject is in custody and going to be questioned about the incident that they are in custody for. But to answer your question... it's not like the movies and TV. There is no requirement for Miranda warnings to be issued at time of arrest, unless the arresting officer/detective/whomever knows they are going to be asking questions that are specifically related to why the person was being arrested.
2006-09-09 09:19:35 · answer #3 · answered by Mouse 1 · 1⤊ 0⤋
Miranda is only required if you are in custody, are a suspect in a crime and are being asked questions where the answers you provide are going to be used against you in Court. A police officer can talk to you all day outside if you have the ability to walk away from him/her. Sometimes, during the course of an interview, a person says something that places him/her as a suspect in a crime.. At that time, Miranda must be advised. In New York, admissions made without Miranda having been read to you can also be admitted to Court if the officer files a Criminal Procedure Law section 710.30 notice, which says --We intend to offer this information as evidence-- Its just a formal letter issued to the defendant or his attorney 15 days before trial.
2006-09-09 22:00:09 · answer #4 · answered by Copper 2 · 0⤊ 0⤋
The miranda warning is to be given as soon as practically possible during the course of investigation or arrest, meaning, if you start fighting the officer, he's not going to be reciting it while he takes you down, howver, once he puts you in the car, yeah, or maybe even when he puts you in the holding cell for processing, but always before questioning, on the other hand, he may have no need to question you and therefore will not need to read miranda to you....in the event that he had you out of the car and you smacked him and he took you in for assault on a P.O. then he really doesn't need to ask you anything, just go back to the station, do your paperwork, and take you to the magistrate who will then read miranda to you, and offer you a court appointed attorney.....
2006-09-09 13:52:58 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Only if you are going to be asked to make a statement regarding the crime you're being arrested for. It was said above that the police, custody and interview have to all be present to require Miranda warnings - this is true.
But honestly why not. It will save you the embarrasment of getting your case thrown out on somthing this easy not to mess up and it will prevent you from making bad habbits and forgetting when it's really important.
2006-09-09 12:10:50 · answer #6 · answered by Anonymous · 0⤊ 0⤋
The officer does not have to read you your miranda rights unless you are being questioned. You can be arrested and booked without the miranda rights. For example, you got arrested for DUI, the officer doesn't have to read your your miranda rights after you are arrested unless they were going to question you about the arrest.
2006-09-09 09:45:29 · answer #7 · answered by copchick2m7 4 · 1⤊ 0⤋
Yes, you should always be mirandized, other wise the arrest could be thrown out of court, because you didn't know you had the right not to incriminate yourself. That's why on The Closer the suspect is arrested before she starts questioning them. Any good lawyer can get a confession thrown out, or rather excluded, from evidence, otherwise.
2006-09-09 09:24:21 · answer #8 · answered by jadeaaustin 4 · 0⤊ 0⤋
Miranda warnings are only given when you are in custody and about to be questioned. Not at the time of apprehension.
2006-09-09 09:40:05 · answer #9 · answered by ? 6 · 1⤊ 0⤋
According to the Supreme Court of the United States of America, yes, every single time.
2006-09-09 09:20:42 · answer #10 · answered by Anonymous · 0⤊ 1⤋