if your arrested , doesnt the cop have to read you your rites ?

Question

a friend of mine was arrested for disorderly conduct and property damage, however he was not read his rites before taken to jail. the next day when his mom questioned it, she was told , only if he would be questioned would they read you your rites... is that true?

Answer 1

Only if he is questioned. That is correct.

Answer 2

He must be made aware of his rights before any and all questioning. That is law. Almost every department that I have made contact with has it in their SOP's or SOG' stating that when to do put someone into custody for an arrest, they are to advise them of thier rights as soon as possible.

Even if the officer does not read them the rights, they can still be aressted because they are going to be magistrated. The magistrate also advises them of the rights that they have.

But yes, they do have to tell him his rights before any and all questioning, otherwise nothing can be used against him.

Answer 3

when one is disorderly and doing damage to property it is perceived by the law enforcement agency at the time, that the individual is unable to understand his/her rights at the time seeing that this is not normal behavior for a person. so to protect
them (the police) and themselves ( the person in question), a person can be locked up until they are able to understand their
rights, and the charges they may face and then they will be told of there rights.

Answer 4

You don't say where you are.
In Canada, rights to council must be read upon arrest or the charges can get thrown out. We have a separate caution that we read as well so that anything the bad guy says can be admissible in court. You don't have to caution someone unless you want the statements they make to you admissible in court.

Answer 5

The Cops MUST read you ur Rites...

Look up the case Miranda vs. Arizona. that will explain everything to you... He wasn't advised with full knowledge of his legal rights, understanding that any statement he made may be used against him." (sound familiar?).

Answer 6

Yes, it is true. Do a search for Miranda and find the hundreds of times this question has already been answered.

Of course, your spelling of rites might indicate that you mean last rites, rather than Miranda rights. They only have to read your last rites if they kill you.

Answer 7

the police are right. they DO NOT have to read the rights when they arrest someone. why it's so difficult for people to understand this, but to be read your rights, you have to be in custody AND being questioned. if only one of them is present, then the rights do not need to be read.

Answer 8

if you are being arrested you have to be read your rights. there are some ppl here that are saying that it only needs to be done if questioned but that is untrue. whenever you are taken into custody you must be mirandized.

Answer 9

If you are arrested, you have to be read the Miranda Rights, otherwise things you said cannot be used against you.

Answer 10

No, unless he had like a warrant on him. Whats up with " INNOCENT UNTIL PROVEN GUILTY?" If the guy had handcuffs on him doesnt mean he is going to jail. The police take him to their office and clear up the problem, if he is guilty then he is locked up.........

Answer 11

they have to read you your rights, it is the law, if they don't (which I haven't heard many who haven't) you can get off of what you have done by that alone. The cops have a certain agenda in which they have to follow. Whenever you get arrested you are read your rights. They can easily dispute this in court.