2006-10-10 16:10:35 · 18 answers · asked by walkerschool101 1 in Politics & Government ➔ Law Enforcement & Police
Miranda vs Arizona established the requirement to advise someone of their rights prior to custodial interrogation. This means law enforcement only needs to read your rights if two conditions are met: 1)You are under arrest (held under their custody--ie. not free to leave) 2) You are being interrogated.
They can arrest you and never read your rights if they do not interrogate you and any statements you freely give can be used.
Even after arresting you, they can question you for identification purposes without reading your rights, but anything beyond that or specific to a crime is classified as interrogation. If they don't, it merely means that anything you say in response to the interrogation is inadmissable as evidence.
2006-10-10 16:33:00 · answer #1 · answered by WildBill846 2 · 3⤊ 0⤋
If you are arrested and your rights have not been read to you. If the cop asks you no questions at all, just start telling the cop about what you did, spill your guts. You'll be ok. You'll go in the right direction.
If a cop does not read you you rights he can't question you.
2006-10-10 21:57:39 · answer #2 · answered by ed14790 2 · 0⤊ 2⤋
Welltraveled has the absolute correct information. The only time I ever read Miranda is if I was personaly going to question a suspect and then only after he or she had been arrested.
2006-10-10 16:17:11 · answer #3 · answered by lightning14 3 · 3⤊ 0⤋
Yep they can take you straight to jail. Do not pass go and do not collect $200.00
Contrary to popular belief the police officer does not have to read you your miranda rights when you are arrested. Rights only need to be read if you are in fact in custody and being interrogated. Otherwise miranda does not need to be read.
2006-10-10 19:08:07 · answer #4 · answered by steelerguy92868 2 · 2⤊ 0⤋
Everyone who is arrested should know there rights, so why get arrested, for an officers to read your right. YOU DO THE CRIMES, YOU,LL DO THE TIMES, NO WRONGS,= NO RIGHTS.
2006-10-10 16:39:56 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Actually police do NOT have to read you your rights just because they arrest you. The only time they do is if they are going to question you. If they don't ask you any questions, they don't have to read you your rights.
2006-10-10 16:21:10 · answer #6 · answered by Anonymous · 6⤊ 1⤋
Your Miranda warning is supposed to be said upon arrest. If its not the case can be thrown out. Beware that there are numbers filings are attempting to repeal the miranda warning that are worming their way up to the US supreme court. Someday these protections may be a thing of the past. Just FYI
2006-10-10 16:16:00 · answer #7 · answered by clearwatervike 2 · 0⤊ 4⤋
They can do anything they want. However, any information you provide can be deemed inadmissible in court if the police fail to advise you of your Miranda rights.
2006-10-10 16:15:41 · answer #8 · answered by Anonymous · 1⤊ 1⤋
Yes, they can still charge you and prosecute you.
The only thing that would happen if they did not read you your rights is that anything you said to them could not be used as evidence against you -- that's about it. If they have other evidence against you, you can still be convicted.
2006-10-10 16:14:52 · answer #9 · answered by Anonymous · 5⤊ 0⤋
About anything they want to do. After all, all they have to do is say they did. Whose word are they going to take...a perp or the cops?
2006-10-10 16:13:38 · answer #10 · answered by Donald W 4 · 0⤊ 3⤋