i went to Ohio and there is a place called Columbus the police dont read your right to you is that illegal
2006-09-21 11:02:01 · 30 answers · asked by Ansar H 1 in Politics & Government ➔ Law Enforcement & Police
The US supreme court has ruled that there are two triggers to Miranda. One is that you are in custody and the other is that you are being interrogated for a crime. A person can be arrested without being read their Miranda warnings if they are not being interrogated. For instance, an officer sees someone taking a leak on the side of the road in full view of the general public, that individual can be arrested without being read their Miranda rights. However,. if after he was arrested, the officer wanted to ask him questions about why, then the arrestee would have to be read Miranda.There are numerous other instances where Miranda does not apply. This is just one example.
2006-09-21 11:10:19 · answer #1 · answered by aitutaki98 3 · 1⤊ 0⤋
Nothing says that a cop has to read you Miranda when you are arrested as long as probable cause exists to arrest without your statements. MIranda comes into play if you are questioned about a crime either before or after an arrest. All it really is, is a warning that you have the right to not incriminate yourself by making a statement before you have consulted an attorney and it really is good advice to take.
2006-09-21 14:11:38 · answer #2 · answered by JOHN 3 · 0⤊ 0⤋
No it is not illegal. You can be arrested and jailed without being read miranda. Lets say you get stopped for drunk driving. He inventories your car and finds a bag of weed. He takes you to jail reads you implied consent for the breath test, you take the test or not what ever. He charges you with DUI, and possession marijuana. Before the Officer can ask you questions about where you got the weed he has to read you miranda. An officer does not have to read you your "rights" unless he is asking you questions.
2006-09-21 13:13:58 · answer #3 · answered by Lori H 3 · 1⤊ 0⤋
Ive been arrested many cases for shoplifting and whilst the police officers got here they never as quickly as examine me my rights. you could try to combat them in courtroom in case you experience like taking it that a processes yet i advise you cop out and get on with it. the 1st time i ever even viewed reformatory time grew to become into after my fifth conviction, i've got been given 30 days, so if it is your first, or 2d, merely take the three days community service and enable it go. until eventually you reside someplace in a small city the place the judges do not play, then it fairly is a diverse tale. I stay in long island and thats the way it fairly works here.
2016-12-15 11:57:13 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Reading the Miranda Warning to an arrestee only pertains to obtaining statements, not the arrest itself. You can be arrested, booked, jailed, and prosecuted with no one ever reading rights to you. It's only if the police wish to question you and use your responses as possible evidence against you that the implications of no Miranda Warning takes effect.
Many arrests don't require questioning.
2006-09-21 11:10:11 · answer #5 · answered by nothing 6 · 3⤊ 0⤋
It is not illegal but it opens the door for an arrested person to keep his or her statements to the police out of court.
2006-09-21 11:06:05 · answer #6 · answered by Jay 6 · 0⤊ 0⤋
Criminal Law: Arrest and Evidence FAQ
What are Miranda rights?
I wasn't read my Miranda rights. Does that mean all charges will be dropped?
If I don't want to say anything after being arrested I'm within my rights, correct?
I was arrested but the officer didn't have an arrest warrant. What gives?
Q: What are “Miranda rights”?
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A: Your Miranda rights include:
You have the right to remain silent
Anything you say can and will be used against you in a court of law
You have a right to have a lawyer present while you are questioned
If you cannot afford a lawyer, one will be appointed for you
Miranda rights do not have to be recited prior to an arrest or to ask routine questions such as your name and address needed to establish your identity. Generally, the police will "read your rights" if you are going to be questioned. If you are questioned outside the presence of your lawyer without providing you with your rights, any answers you give probably cannot be introduced in court as evidence against you.
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Q: I wasn't read my Miranda rights. Does that mean all charges will be dropped?
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A: If these warnings weren’t provided to you before you were questioned, the information you provided may not be used against you. However, this doesn’t mean the case will be dropped, only that the authorities will need to proceed with the case, should they choose to, without using the statements you made. If you voluntarily gave information without being questioned, that information may still be used.
2006-09-21 11:14:20 · answer #7 · answered by Anonymous · 2⤊ 1⤋
Yes it is legal not to immediately read your rights. In most states, you can be arrested, taken in and held in jail for up to 24 hours without being charged and they do not have to read you your rights. Also, they may take you into protctive custody (not an arrest actually, but it sure can feel like it) as a material witness, in which case you have no rights to be read to you since you are not accused of a crime.
The thing is what they can use in court later. Anything you say before they read you your rights might or might not be admissible in court (they may not be able to use the fact you said you killed the guy, but they CAN use a witness who heard you say it before they read you your rights), but AFTER they read you your rights, then anything you say can and will be used against you...
If arrested, whether they read you your rights or not, say nothing except to ask for a lawyer and then KEEP YOUR BIG MOUTH SHUT.
2006-09-21 11:21:24 · answer #8 · answered by rowlfe 7 · 1⤊ 2⤋
Yes. it is illegal. it's called a miranda violation. A person must be read his rights and understand them once placed under arrest, but not for a simple interrogation. For example, if a polish person is put under arrest, read his rights, but did not understand them, the case will be thrown out because he didn't understand that he was entitled to an attorney...However, there are special circumstances under the patriot act. but that clause could be overturned if someone challenged it...maybe in ohio?
2006-09-21 11:13:55 · answer #9 · answered by Chit P 4 · 0⤊ 2⤋
Ok, obviously too many people have no idea of the law.
Yes they can arrest you without reading you your rights, They only have to read your rights to you before they question you.
And if they do question you without, they just can't use what you say against you.
So if they catch you with enough evidence, and don't ever question you, you can be arrested, tried and convicted without ever hearing your rights.
2006-09-21 17:08:23 · answer #10 · answered by Anonymous · 1⤊ 0⤋