2006-12-02 14:01:03 · 14 answers · asked by eagle64435 1 in Politics & Government ➔ Law & Ethics
Yes!
2006-12-02 14:08:15 · answer #1 · answered by Wounded duckmate 6 · 1⤊ 1⤋
Good question, Eagle. A person does not have to have his or her rights read to them just because they have been arrested. In OH, a person could be arrested for DUI without having their rights read to them. What is important is, were there any questions pertaining to the DUI which were asked to the arrestee? Ohio officers complete an Alcohol Influence Report on most DUI arrests. Many of these questions can demonstrate that the individual answering them may indeed be under the influence of alcohol. These questions (and the answers) may be thrown out if they were obtained after the arrest, but prior to the arrestee being mirandized. This does not mean that the individual would be released from charges. The officer can still testify to the suspect's driving, his or her balance, mannerisms, smell of alcoholic beverage, etc. In addition, there are probably breath samples and witness testimony.
2006-12-02 15:46:09 · answer #2 · answered by Christopher H 3 · 1⤊ 1⤋
Amazing that so many people are nieve about Miranda warnings. It is not a right, it is a warning and is only required if you are going to be questioned by police about a crime you are under arrest for. DUI is also different, as police are allowed to question you prior to being arrested to determine if you are under the influence or not. Field sobriety tests do not require miranda and neither do the questions asked after being arrested that pertain to information gathered for statistic purposes. I have arrested around 300 drunk drivers and never once read miranda until the final breath analysis was administered at the department office.
2006-12-02 16:04:43 · answer #3 · answered by lightning14 3 · 0⤊ 0⤋
No, they do not have to read you rights unless they are going to ask you questions after they have arrested you. They most likely ask all the questions before they arrested you. Also 1st offense DUI is not a felony.
2006-12-02 14:13:51 · answer #4 · answered by Anonymous · 1⤊ 1⤋
As mandated by Miranda v. Arizona, yes you must be Mirandized by the arresting officer at the time of the arrest, regardless of the charge. The officer must inform you that you are being placed under arrest, then they must inform you of your rights. You must be Mirandized at the time of arrest so you are aware from that point on that you have the right to remain silent.
2006-12-02 15:36:33 · answer #5 · answered by ballarke 3 · 1⤊ 1⤋
They don't have to read you your rights unless they are questioning you. They (or the judge) DO have to read you your rights when you are actually CHARGED with the crime, which could be hours after you are arrested. Most people do not know this.
2006-12-02 16:02:59 · answer #6 · answered by fearslady 4 · 0⤊ 1⤋
If you are arrested by an agent or ofc employed through the govt
then a Miranda is required however if you are arrested by a security ofc not employed by the govt the Miranda notice is not required
2006-12-02 14:12:43 · answer #7 · answered by dogpatch USA 7 · 0⤊ 1⤋
Yes, Miranada Rights have to be read to everyone during any crime for which you are arrested. They are your rights during an arrest. They have to also ask you do you understand these rights?
2006-12-02 14:17:31 · answer #8 · answered by chris_a_broadwater 1 · 1⤊ 1⤋
police have to read your miranda rights in all 50 states it is a federal law now not a state by state law
2006-12-02 15:06:17 · answer #9 · answered by the wise one 2 · 1⤊ 0⤋
The police have to read you your Miranda rights when you are arrested. Anywhere, for anything.
P.S. Those periods, are PERIODS!
2006-12-02 14:08:57 · answer #10 · answered by purplepartygirrl 4 · 1⤊ 2⤋