I have been arrested several times, never was I read my rights. Somebody told me that it does not matter because when I go to court the Judge reads them to you. Someone else told me if they don't read them, your case could get thrown out. I live in CA.
2007-01-31 21:11:31 · 16 answers · asked by Juj4ever 2 in Politics & Government ➔ Law Enforcement & Police
This is referring to when you are being arrested.
2007-02-01 05:03:24 · update #1
It is totally amazing how many people do not understand the Miranda warning.
Ok....
1. There is no Constitutional imperative that dictates Miranda. A U.S. Supreme court ruling "invented" the Miranda Warning due to an appeal derived from a conviction where the suspect was interrogated and made statements that were taken in violation of his rights. The court felt that people were sufficiently unaware of their rights that officers need to provide this information prior to interrogation WHEN the person is not or reasonably feels that they are not free to leave. There are 2 things that must be clear. First, there's an interrogation. Second, the person feels that they are not free to leave.
2. You can be arrested and as long as you are not interrogated then they don't have to read you your rights. Miranda only pertains to interrogation. Biographical data is not protected. Officers can still ask name, date of birth, height, weight, address, etc.
3. Any question can be asked as long as a seizure has not occurred, and by that I mean the seizure of a person. In other words, if you would have legitimate reason to feel that you are free to leave then they can ask anything without having issued the Miranda Warning. If you make an incriminating statement during such an encounter then you're on your own; you can be charged and your statements will be admissible.
4. Even if you are interrogated without having received the Miranda Warning, and you are under arrest, only your statements are inadmissible. Any other evidence gained outside and independent of your statements is still admissible. Therefore, if there is sufficient evidence beyond that which was gained through the interrogation to charge you then you will still be charged and tried. The case isn't automatically thrown out.
5. Officers cannot usurp the Miranda Warning through actions. In other words, an interrogation can occur without them saying a word if their actions would be reasonably considered to having caused you to say something. For example, an officer pulls you over and through good investigation legally finds a dead body in your trunk. He then looks at you, looks at the body, looks back to you and then to the body. A normal person might feel pressured to blurt something out and rightfully feel that they are not free to end the encounter. If they do say something then that is still considered an interrogation and wouldn't be admissible.
2007-02-01 01:25:47 · answer #1 · answered by deus ex machina 3 · 1⤊ 0⤋
From your other posts, seems like you need to stay out of trouble.
You do not have to have your Miranda rights read to you if you are not being questioned. A police officer can ask general questions as to your identity, where you are going and what you are doing in the area where you are being stopped. When it comes time for you to be questioned about a particular crime or incident, you still may not be read your rights. Only until the officers thinks you may have committed the crime will he stop and advise you of your rights.
2007-02-01 00:18:07 · answer #2 · answered by tallerfella 7 · 0⤊ 0⤋
Maybe I can help you understand, everyone thinks that when you are arrested that you have to get your miranda rights as soon as you are arrested. This is not the case, the only time you must receive your miranda rights is when the questions change form information getting like name, address, phone number, etc, to accusatory. Most officers read you miranda as soon as you are arrested just to be safe.
2007-02-01 00:14:28 · answer #3 · answered by Anonymous · 2⤊ 0⤋
Lady Gaga has gone Completely nuts, she's just overdoing it. Miranda Cosgrove is still standing strong with her show and music. Miley Cyrus had a duet with Nick recently and her music is not all that bad right now.
2016-03-28 23:26:50 · answer #4 · answered by Shennen 4 · 0⤊ 0⤋
Miranda is only advised when you are questioned about the criminal act you committed. Asking your name, address, and other administrative data does not violate the 5th amendment. You can be arrested, booked into jail, and brought to court without anyone asking you anything that necessitates a Miranda warning.
2007-02-01 01:06:42 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Miranda does not have to be given in all arrests. Miranda is given prior to interrogation and after arrest. If the arresting officer witnessed the crime you were arrested for or there was a witness to the crime then no interrogation was necessary and or no confession was needed. If there was no need to ask you any questions then there was no need for Miranda....sorry, that loophole is closed.
2007-01-31 23:53:46 · answer #6 · answered by Tom M 3 · 5⤊ 0⤋
According to the Supreme Court decision, the police only have to read your Miranda rights to you when two things are both true:
1) You have to be detained
2) You are being interrogated
If you are detained, but they are not interrogating you about the offense, they don't have to read your rights to you. I know they show that on TV all the time, but that's not reality.
Also, if they are just asking general questions, that isn't considered interrogation.
2007-01-31 21:36:48 · answer #7 · answered by Mama Pastafarian 7 · 8⤊ 0⤋
1) Custodial = NOT free to leave
2) Interrogation = Asking specific quetions to illicit a response.
If the officers isn't doing both of those at the same time then Miranda V. Arizona doesn't apply.
2007-02-01 03:51:33 · answer #8 · answered by Kevin C 3 · 0⤊ 0⤋
If the police plan to question you then they will read you your Miranda rights. Otherwise they do not have to.
2007-02-01 03:41:30 · answer #9 · answered by John71 3 · 0⤊ 0⤋
Custody + interrogation = Miranda.
Your case doesn't get thrown out if your not read them.
Spontaneous statements will still be used against you.
2007-01-31 22:02:42 · answer #10 · answered by Anonymous · 4⤊ 0⤋