put me in cuffs and took me to a holding cell and then before a judge for a hearing date, shouldnt the police have read me my rights after discovering the warrent and cuffing me? they didn't.
2006-12-21 17:40:45 · 7 answers · asked by scott 1 in Politics & Government ➔ Law Enforcement & Police
Not if they aren't questioning you in an attempt to gain some kind of confession. It wasn't a new offense, so that's not likely the case.
Quoting source below: "Note that one need not be Mirandized to be arrested. There is a difference between being arrested and being questioned. Also, basic questions, such as name, address, and Social Security number do not need to be covered by a Miranda warning. The police also need not Mirandize someone who is not a suspect in a crime."
2006-12-21 17:44:43 · answer #1 · answered by Mickey Mouse Spears 7 · 5⤊ 0⤋
The only time the police need to advise you of your rights is if you are in custody and they are questioning you about an alleged crime. If they placed you under arrest and didn't question you, then there is no need to advise you of your Miranda Rights.
For an outstanding warrant, once they confirm the warrant is active and you are the person listed in the warrant, they can arrest and take you to jail. They don't need to question you about the warrant.
2006-12-21 18:23:08 · answer #2 · answered by frich_27 2 · 1⤊ 0⤋
Did you say anything that might incriminate you ? Did you ask for a lawer ?
I am not a lawer but it would seem to me that you were arrested before and did not show up in court. What was the warrent for ? Did they read you your rights the first time ? I am just guesing .
2006-12-21 17:47:16 · answer #3 · answered by caciansf 4 · 0⤊ 1⤋
If they were not asking you questions then there was no need to read you your rights. Additionally, the warrant probably clearly indicated why you were to be arrested, and thus there was no need for some sort of investigation. People misunderstand the Miranda Warning all the time.
2006-12-21 17:45:48 · answer #4 · answered by TCSO 5 · 2⤊ 1⤋
~I was arrested for misdemeaners and they never read my rights either. I have witnesses though.
You probably know they'll give you a court appointed attorney if you can't afford one. You need to explain this to him and see what he says.
Good luck & Merry Christmas~
2006-12-22 23:59:10 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Any time you are placed under arrest you must be read your rights.
Call a lawyer
2006-12-21 17:42:26 · answer #6 · answered by justmyopinion 2 · 1⤊ 3⤋
well they should of , they should of read your rights while they were cuffing you. and if you tell that to a judge, you better have proof that they didn't. because its their words against yours
2006-12-21 17:44:00 · answer #7 · answered by misty blue 6 · 0⤊ 4⤋