2006-09-19 02:59:34 · 13 answers · asked by ZACHARY H 1 in Politics & Government ➔ Law Enforcement & Police
I'm assuming that you actually meant without reading them their rights. Yes in some situations it is. Miranda is a complicated thing and is usually only required in a custodial situation where they plan on interrogating you. If there is no interrogation, they don't need to read you your rights. It's not an automatic thing like most detective shows portray.
2006-09-19 03:07:36 · answer #1 · answered by Anonymous · 3⤊ 0⤋
WOW ! What an impact television has on what people believe. Here's the fact. Miranda warning must be given to anyone that is about to be asked questions that might incriminate them in a crime even if they are NOT under arrest at the time. If a police officer asks you your name and where you live he does not have to read you Miranda. Likewise he can ask general questions like "What are you doing here?" or "Do you live around here?" If he asks you a specific question like "Did you rob the bank?" he must first give you Miranda warnings. You can also be arrested without being read Miranda if the police are not asking you any questions related to guilt or innocence. If you rob a bank and 10 tellers, 20 customers and the security video all say it was you, there is no need to ask you if you did it. You will be arrested for the crime then brought to the station to be booked. They can ask name, address, birthday and other demographic questions without a problem. The police may ask you for a confession later but if they choose to do so, they will give you Miranda first.
2006-09-19 04:12:23 · answer #2 · answered by Mike 3 · 0⤊ 1⤋
The "Miranda Warning" (Miranda vs Arizona) is typically recited to a suspect immediately after his/her arrest. However, persons of interest can also be admonished via "Miranda" if questions relevant to an investigation could have a tendency to incriminate the person of interest, even though he/she is not arrested or charged. As a footnote, a person being arrested DOES NOT have to be admonished via "Miranda" if no questions are to be, or expected to be asked. That being the case, if the defendant chooses the option to make a statement on his/her own, typically, the Miranda warning is recited and acknowledged before any statement is accepted ... typically.
I hope this helps.
2006-09-19 03:40:21 · answer #3 · answered by DocoMyster 5 · 2⤊ 0⤋
andie0910 has got it right: Miranda applies only to interrogation when you are in police custody. If your not in custody - Miranda warnings will not apply. if your not being questioned, no need to give Miranda warning. Your question was: is it illegal to arrest someone with reading them their rights? Answer - no. Its also not illegal to arrest someone without reading them their rights either.
2006-09-19 05:31:34 · answer #4 · answered by Phil W 2 · 1⤊ 3⤋
No... You can be arrested without having the Miranda rights read... But if you say anything they cannot use it in court because you can claim you didn't know you were not required to answer their questions...
2006-09-19 03:07:56 · answer #5 · answered by Andy FF1,2,CrTr,4,5,6,7,8,9,10 5 · 0⤊ 5⤋
I'm simply amazed at 9 inches summarization? Wonder what inspired that user name? Hope he wasn't using that brain!!!!!
2006-09-22 03:36:03 · answer #6 · answered by Anonymous · 0⤊ 0⤋
first of all are you a uniformed ofiicer here?/ if you are you ned too go back too the academy here fast.!! or are you talking about a, citizens arrest here?/ if you are a, citizenn, then you make the citizens arrestt, and wait for a uniformed full fledgedd officer too arive on the scene! then he reads them there rights here not you, if your a private citizen, reading them there miranda rights means nothing its there word against yours! and againn if your a citizen, you had beterr make damn sure of who you dealing with in certain siutations, or its gonna cost you about everything you own even your boxer shorts!! if your a oficer, you should now this, as a citizen, its a different story here very very sticky!!
2006-09-19 03:06:52 · answer #7 · answered by Anonymous · 0⤊ 6⤋
your Miranda rights apply to being questioned. in this day the police never read them because the courts and the cops work together and it's hard enough to prove your innocence let alone proving you where not marinades
2006-09-19 04:49:45 · answer #8 · answered by mrmiketattoo 3 · 0⤊ 4⤋
You must be read your rights if you are being arrested. They say it one sentance at a time and ask if you understand.
Also, I think (and I may be wrong here), but they have you sign a statement saying you were read your rights and that you understand them.
2006-09-19 03:07:04 · answer #9 · answered by pouncermom 3 · 1⤊ 5⤋
They wouldn't be reading you your rights if they weren't arresting you.
2006-09-19 03:02:42 · answer #10 · answered by richg2524 2 · 1⤊ 4⤋