Is it required for police officers to give the Miranda rights to everyone they arrest?
2006-09-27 13:05:56 · 26 answers · asked by clickeroftarter 1 in Politics & Government ➔ Law Enforcement & Police
No. Only if you are being questioned in connection or being involved with a crime then the officer must advise you of your rights.
However since most arrests are misdemeanors and the misdemeanor witness rule comes into play which states the officer must have either witnessed the offense or have so much compelling evidence or testimony from independent witnesses to make a prudent person believe that it is more likely than not that the suspect committed the offense.
In either of these two situations an officer is making an outright arrest and does not need to Mirandaize you since he is not questioning you.
You can thank good old TV for the idea that all persons must be Mirandaized.
2006-09-27 14:02:35 · answer #1 · answered by pj_gal 5 · 2⤊ 1⤋
No it is not required for a police officer to give you your Miranda rights at the time you are stopped for suspicion of DUI. The officer may also administer a sobriety test before giving you these rights. This phase of an arrest is called the "investigational" portion of the arrest.
Once this phase ends, and the police officer decides to put you under arrest, the "custodial" phase of the arrest begins. The custodial phase is so named because you are not free to terminate contact with the police officer. At this point, Miranda Rights must be read before any questions are asked that may incriminate you.
When initially pulled over, you are under no obligation to answer questions the police officer asks you about how much you have had to drink. Once you are under arrest, you must be read your Miranda Rights. At that point you can ask for an attorney and refuse to answer questions until you have talked to an attorney.
Since driving has been ruled a "priviledge" and not a right by the courts of the land, you do NOT have the right to refuse sobriety tests based on the 5th amendment idea of not incriminating yourself. But you MAY have the right to consult with an attorney before the tests are administered, depending on which state you live in. Refusal to take sobriety tests has consequences which, again, vary by state.
Anyone who is pulled over for suspicion of DUI should ask constantly if they can talk to an attorney before answering the next question or taking any kind of test. Depending on how well the officer knows the state law, this might save you at trial time.
2006-09-27 13:53:28 · answer #2 · answered by fergal_lawler_iowa 2 · 1⤊ 1⤋
Police Officers are only required to read your Miranda rights to you when BOTH of the following are true:
1) You are detained and cannot leave.
and
2) You are being interrogated.
So if they weren't questioning you, even though you were under arrest, they don't have to read your rights.
2006-09-27 13:32:20 · answer #3 · answered by Mama Pastafarian 7 · 5⤊ 0⤋
Nope. regardless of what you spot achieved on television for dramatic effect, the Miranda warning has no requirement to be examine on the time of arrest. you're purely examine your rights on the commencing up of a "custodial interrogation", it is once you're first arrested, then puzzled in a manner designed to elicit an incriminating reaction (asking you call, address, DOB would not practice). maximum circumstances in no way contain the suspect being examine his rights because of the fact maximum suspects are in no way puzzled. on your case, you have been caught pink-exceeded, that they had no would desire to interrogate you on the station after your arrest. you do not even desire your chum, the cop himself would be keen to admit he in no way examine you your rights because of the fact he wasn't legally required to attain this. the actuality that they weren't examine transformations not something. additionally, despite if a Miranda violation does ensue, it in no way skill the fees only immediately bypass away or any of that nonsense. All it skill is that any solutions given in the interrogation can't be utilized in courtroom. the different data that has been obtained remains admissible and the fees nonetheless practice. the fees might purely bypass away if there wasn't adequate data otherwise to shield an indictment without employing the confession.
2016-10-18 02:34:54 · answer #4 · answered by shine 4 · 0⤊ 0⤋
Your screwed if you talked to them either way. Its their word against yours. Unless they did an episode of cops where they showed the cop not reading the miranda rights to you and you happened to tape that episode and broght it into court.
Get a lawyer and dont talk to the cops or anyone who asks you about your dui, I don't care if its family. Only talk to the lawyer. They have to read you your rights if they arrest you. Which they should have if you'd been charged with a dui. That reminds me I got to go drink this sixer and then drive down to this keg party tonight.
2006-09-27 22:28:59 · answer #5 · answered by grhero 1 · 0⤊ 1⤋
No, this is only on TV, the Miranda righs is only for someone they are questioning and then if they don't they can't use what they ask you in court.
But no you will be arrested, and since they don't have to question you, they will do the field test and the breath test and have you in court and you will never hear your rights.
2006-09-27 15:51:10 · answer #6 · answered by Anonymous · 3⤊ 0⤋
No they didn't have to read you the Miranda unless they questioned you after the arrest. They don't need to read Miranda during the investigation only if they want to question you about a crime after you are arrested.
2006-09-27 20:10:53 · answer #7 · answered by bsure32 4 · 1⤊ 1⤋
If they did not advise you of your rights, a judge may exclude any statements you made from evidence. For a DUI it is unlikely that any statements you made would be used as evidence at trial. Even if reading your Miranda rights is required, failing to would only exclude evidence that was never going to be presented anyway.
2006-09-27 15:47:56 · answer #8 · answered by STEVEN F 7 · 1⤊ 1⤋
Only if you are being questioned. DUI they don't need to ask you anything once you fail the sobriety test.
Thanks for not killing anyone, asshole, and a big thank you to the cop who got you off the street before you did. Now be a man and take your punishment. At least you're not attending a funeral.
2006-09-27 14:05:31 · answer #9 · answered by Anonymous · 2⤊ 0⤋
No....they don't have to unless they are questioning you. That reading rights is only on TV shows..Officers don't have to read you your Miranda rights unless you're being questioned.
2006-09-27 13:09:10 · answer #10 · answered by ? 2 · 6⤊ 0⤋