Is it required that your Miranda Laws be read to you before a legitimate arrest take place?

Answer 1

Law Enforcement are not required by law to read miranda to anyone unless they are being questioned.

Say you are arrest for DUI and while inventoring your car he finds a bag of weed and/or a stolen gun. The officer arrests you for DUI and possession of marijuana and the stolen gun.

The officer reads you your implied consent to see if you will take a breath or blood test (its up to you) He does not have to "read you your rights"

BUT, before he starts asking you questions on where did you get the weed, where did you get ther stolen gun, etc he has to read you miranda before he questions you.

The Constitution reserves many rights for those suspected of crime. One of the fears of the Framers was that the government could act however it wished by simply saying an individual was a suspected criminal. Many of the rights in the Constitution and the Bill of Rights, such as habeas corpus, the right to remain silent, and the right to an attorney, are designed to ensure that those accused of a crime are assured of those rights.

Police were able to take advantage of the fact that not everyone knows their rights by heart. In fact, it is likely that most citizens could name a few of their rights as accused criminals, but not all of them. The police's position was that if the accused, for example, spoke about a crime without knowing that they did not need to, that it was the person's fault for not invoking that right, even if they did not know, or did not remember, that they had that right.

This was the crux of the issue in Miranda v Arizona. In 1963, Ernesto Miranda was accused of kidnapping and raping an 18-year-old, mildly retarded woman. He was brought in for questioning, and confessed to the crime. He was not told that he did not have to speak or that he could have a lawyer present. At trial, Miranda's lawyer tried to get the confession thrown out, but the motion was denied. In 1966, the case came in front of the Supreme Court. The Court ruled that the statements made to the police could not be used as evidence, since Miranda had not been advised of his rights.

Since then, before any pertinent questioning of a suspect is done, the police have been required to recite the Miranda warning. The statement, reproduced below, exists in several forms, but all have the key elements: the right to remain silent and the right to an attorney. These are also often referred to as the "Miranda rights." When you have been read your rights, you are said to have been "Mirandized."

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.

As for Ernesto Miranda, his conviction was thrown out, though he did not become a free man. The police had other evidence that was independent of the confession, and when Miranda was tried a second time, he was convicted again. After release from prison, Miranda was killed in a barroom brawl in 1976.


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The following is a minimal Miranda warning, as outlined in the Miranda v Arizona case.

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.

The following is a much more verbose Miranda warning, designed to cover all bases that a detainee might encounter while in police custody. A detainee may be asked to sign a statement acknowledging the following.

You have the right to remain silent and refuse to answer questions. Do you understand?
Anything you do say may be used against you in a court of law. Do you understand?
You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Answer 2

We answered this yesterday. No miranda is needed before an arrest unless the Arresting Officer is going to ask you any questions involving the facts of the case. If the Police see you perpetrate a crime and they catch you in the act there-of, they can arrest you with out miranda.

Answer 3

First off... it is not the Miranda law.. It was a decision made by the US sup rime court. It also only needs to be given if there is questioning done about the offense at the time of the arrest. It only deals with self incrimination without legal representation.

Answer 4

No, Miranda is there so which you do not communicate over with police officers without legal expert in case you have chose one they are going to furnish you one, so in case you get arrested and additionally you confess the confession might desire to be thrown out in the event that they did not examine Miranda yet not the arrest you're nevertheless arrested and in case you assert not something and are not mirandized not something is lost as Miranda basically protects your statements in the event that they fail to verify it,,, and in the event that they produce different data then a confession won't remember, yet you do elect the marvelous to an legal expert so in case you had an legal expert or asked one that would desire to be substantial yet an arrest is valid without Miranda only your statements won't be able to be used until you're mirandized

Answer 5

It's all about case building. They'll read them to you when the need is there to build up info to substantiate the arrest just made. Other than that, off to the slammer with or w/o them read. Detaining Officer's discretion, to acquire statements to support his charges ( making it stick). Here's a better question. Assuming the nature of a police officer as a witness (in the court's eyes), I assume that though it's possible that you could be Mirandized by the non-arresting officer, that it doesn't matter who reads them to you.

Answer 6

I have read many answers posted and to tell you the truth some people should go to law school or not answer. You CAN BE ARRESTED AND NOT HAVE YOUR RIGHTS READ TO YOU. THE ARREST WILL BE LEGAL. YOU CANNOT BE QUESTIONED OR INTEROGATED WITHOUT YOUR MIRANDA RIGHT BEING READ AND EXPLAINED TO YOU. That is the long and the short of it simplified. You may engage in open conversation and it can written in a report but you can not be QUESTIONED. Open conversation is legal conversation not in volving the officer but in his presence can be used. NOT QUESTIONED. hope this clarifies it a little.

Answer 7

The Miranda warning is given before custodial questioning, not at the time of arrest, so the answer to your question is no. Television seems to portray arrests as being "cuff him and Mirandize him" sort of events, but that's not the way it really is.

Answer 8

Depending on the State your in, ONLY if your asked questions
by an investigateing officer or anyone that is going to use what you say in a Court of Law do you have to be mirandized. In some States you aren't mirandized until you get to the Magistrate. You are then read your miranda rights.

HOPE THIS HELPS GOD BLESS/GOOD LUCK!

Answer 9

Be aware... there is a BIG difference between detainment and arrest. I f a cop is suspicious of your true identity (new and improved anti terrorist legislation, they say) you can be detained 24 hours without being charged for purposes of identification. The Miranda rule is ALWAYS in effect, even when you are stopped for a traffic citation, so you are NEVER required by law to answer questions unless you are in court. This gives the cop a giant leap in harassment power, remember that. The minute you are charged with a crime, you must be read your Miranda rights, even though the charge may later be dropped.

Answer 10

You have to be in custody AND being interrogated before the Miranda Warning is necessary.