And are they suppose to read them to you before they mug and finger print you ? thanks a lot
2006-11-25 12:06:32 · 7 answers · asked by GlitterRiver 1 in Politics & Government ➔ Law Enforcement & Police
ok, but when they pick you up on a cid warrent , arent they suppose to tell you something, , almost a year and no one has asked me anything
2006-11-25 12:21:10 · update #1
Miranda is based on a case law - Miranda v. Arizona - and established the necessity for the police to advise a person of their rights when they are both (1) in custody abd (2) being questioned. It applies across the country, though the exact wording does vary from place to place, state to state, etc.
The police do not have to advise you of these rights unless the two above conditions are met.
So, if the police question you and you are not in custody, the police do not have to give you your rights. If you are in custody and not being questioned, the police do not have to give you your rights.
Miranda also does not apply under certain special circumstances such as when public safety could be jeopardized if you are not immediately questioned (i.e., you may have discarded a loaded gun in a public place and finding it will ensure public safety).
2006-11-25 15:11:10 · answer #1 · answered by James P 4 · 2⤊ 0⤋
Once a police officer starts to talk to you - shut up and ask for an attorney. Don't buy the BS - "if you did nothing wrong" or "we are just talking" or "we just want to straighten this out".
1. You have the right to remain silent and refuse to answer questions. Do you understand? say yes and SHUT UP
2. Anything you do say may be used against you in a court of law. Do you understand? Nod yes and remember #1 SHUT UP
Before a law enforcement officer may question you regarding the possible commission of a crime, he or she must read you your Miranda Rights. He or She must also make sure that you understand them.
MIRANDA v. ARIZONA June 13, 1966, Decided
Intentional Miranda violations may jeopardize cases and expose investigators and agencies to civil suits
2006-11-25 20:39:58 · answer #2 · answered by Akkita 6 · 0⤊ 1⤋
You have seen WAY too much television. Officers are not required to read you Miranda before any type of processing whatsoever. The ONLY time they are required to do this is:
1. You are in custody, and
2. Guilt seeking questions are being asked.
If the Officer is not directly asking guilt seeking questions, Miranda does not apply. If you make any statements that are not a result of a guilt seeking question, they will be used against you regardless of Miranda.
2006-11-26 05:13:05 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Ok, it is a federal law,
But no, they can arrest you, and book you without ever reading you any rights,
All the have to do is read you the miranda rights before they question you.
2006-11-25 20:09:10 · answer #4 · answered by Anonymous · 2⤊ 0⤋
The miranda law is the norm for most countries around the world.
2006-11-25 20:11:15 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Miranda refers to US constitutional rights and applies to all states. Miranda rights must be made prior to custodial interrogation, and typically at time of arrest. So yes, before they mug and fingerprint you.
2006-11-25 20:10:46 · answer #6 · answered by arcee 3 · 0⤊ 2⤋
They "must" read you this before they can ask you anything.
2006-11-25 20:11:37 · answer #7 · answered by Anonymous · 1⤊ 0⤋