Last saturday I was caught shoplifting, I regret it now and am ready to face consequences, but am concerned about my case. In the store the arresting security officer simply said, "I am placing you under arrest." I was released later that day and not once were my rights read to me. Please tell me if this helps my case.
2006-09-25 10:52:22 · 26 answers · asked by Cathy 1 in Politics & Government ➔ Law Enforcement & Police
If the security officer was not a police officer, then the security officer was not bound by the miranda rights law. If the security officer was also a police officer OR the security officer turned you over to a police officer, then they would have to inform you of the miranda rights as soon as they arrested you.
Since you said that you are ready to face consequences, then I'm assuming that you were brought down to the police station for finger printing/picture. If that's the case, then at one point, you would have been turned over to police custody. In which case, they should have given you your rights.
However, if they simply put you in handcuffs and then let you go from the store, then it wouldn't matter.
And I agree with the person who said as long as you weren't being questioned (other than name, rank, and serial number). The Miranda law is about questioning the suspect, not about being arrested.
By the way, if they found the goods on you, the best case scenario would be that a judge throws out the confession (if you did confess without being told your rights by a police officer), but it wouldn't erase the fact that the goods were found on you. In other words, the case wouldn't be dismissed just on that one technicality because they wouldn't even need to question you if they already have the evidence (the goods).
2006-09-25 11:16:29 · answer #1 · answered by TrippingJudy 4 · 2⤊ 1⤋
Cathy first thank you for keeping me in business, if criminals were smart then we wouldn't have crime. Second listen to all this great advise from people who want to help you. They all like having to pay extra for products, because shoplifters make the prices go up. You know who pays for crime right? The consumer, not the corporation.
When you walk up to that judge and ready to plead your case tell him yes you did it, but guess what I was not read my miranda rights so I demand to go home and have this case dismissed!!!
/can you feel the sarcasm?
2006-09-25 18:19:39 · answer #2 · answered by Rob 4 · 2⤊ 0⤋
a security officer for one thing is not a sworn ful fleged officer sworn too uphold the laws hes called loss and prevention, and has no business arresting you or reading your miranda, rights, etc they must call, in a sworn oficer of the law ang go from there as far as reading you your rights and miranda rights hons, it may help, your case, tell your story here, in front of a judge or lawyer etc, the ecurity oficer can hold you for the crime yes, the police do the rest of work, most security officers arent trained police officers some are working part time yes and holiday etcs.
2006-09-25 17:59:42 · answer #3 · answered by Anonymous · 1⤊ 1⤋
If my recollection is correct, the supreme court said a couple of years ago, that it was not necessary in all cases. Unless you said something to them at that time that shows up in court, you probably don't have a leg to stand on.
Well, let's see you regret getting caught, and now are looking for a way around the system. Little bit of sociopathy going on there. May be time for you to take this behavior out and have a good look at what is going on or not going on in your conscience.
2006-09-25 17:56:29 · answer #4 · answered by finaldx 7 · 3⤊ 0⤋
You only have to be read your miranda rights if you are being arrested for a felony. In your case I believe shoplifting is merely a misdemeanor. So your SOL but I'd suggesting going to court and acting apologetic. If this is your first time you might be eligible for a second chance program where you just do community service or something.
2006-09-25 17:59:52 · answer #5 · answered by burleyequation 1 · 3⤊ 2⤋
NO...a security guard is not an officer of a government entity and thus has no requirement to mirandize and unless you were interrogated by a law enforcement officer in regards to this criminal offense while under arrest he /she did not have to read you your rights either. Your busted.
2006-09-25 19:04:10 · answer #6 · answered by baalberith11704 4 · 2⤊ 0⤋
Miranda only pertains to obtaining statements after a person is in custody. It does not necessarily affect the arrest itself.
2006-09-25 18:03:59 · answer #7 · answered by nothing 6 · 3⤊ 0⤋
You said "arresting security officer," NO security officer can arrest you.
Only a certified police officer can arrest you.
Was it a policeman who arrested you ?
If it was a policeman then yes he violated your rights by not reading Miranda,and yes it may get dismissed because of it,but it's up to the judge and your attorney.
2006-09-26 00:12:42 · answer #8 · answered by shaneh235 2 · 0⤊ 3⤋
Were you questioned about the crime you committed? If you were not questioned, they don't have to read you your rights. The whole Miranda this is about self-incrimination. They have to warn you that, if they ask you questions, you don't have to answer (and I don't mean questions like, who the heck are you? and where do you live?) If they don't ask you if you commited the crime, they don't have to warn you that you don't have to tell them, easily one of the STUPIDEST decisions that ever came out of the Supreme Court.
2006-09-25 18:03:37 · answer #9 · answered by Anonymous · 3⤊ 0⤋
NO-PRIVATE SECURITY DOES NOT HAVE TO READ YOU MIRANDA. Only Law Enforcement officers and that is only if you are in custody and being questioned.
2006-09-25 18:02:34 · answer #10 · answered by David L 3 · 3⤊ 0⤋