A friend of mine was arrested.....Right or Wrong?

Question

A friend of mine was arrested on a misdemeaner and the arresting officer did not read him his rights when in custody.
While walking to the plice car the officer asked him a question unrelated to the first charge which eventually led to another charge.
I believe "all questioning" should be stopped at the scene and on the way to booking because he was denied his miranda warnings in the first place and this should stand for the second charge as well....right or wrong?
Thanks

Answer 1

There is no requirement to read somebody his/her rights until the law-enforcement officer decides to ask questions about any crime he/she is suspected of.

Sounds like you need to start hanging out with higher quality friends.

Answer 2

1

Answer 3

WOW...some loser answers in here. Custody + Interrogation=Miranda. Lets say I find you peeing on the sidewalk, a violation of city ordinance. I arrest you and put you into handcuffs cause your stupid and going to jail. I get you to my car and say, do you have anything illegal on you? You answer just a bag of weed. I have not read you any miranda warnings yet. The evidence is admissable under the following circumstances, admissions of guilt, search incident to arrest, inevitable discovery.
Also included is spontaneous utterances made to the officer. However lets say I have placed you under arrest and for a specific offense..peeing on the sidewalk. But your in an area where a lot of burglaries have occurred. I ask you..your not the burglar are you..you say yes and tell me where the goods are..again admissible because it was not an interrogation, I had no suspicioin of you being involved in the crime. Same as if I asked you if your banging your own sister, which is also a crime. I don't know you and have no specific reason to expect that you are banging your sister, but you say yes and show me photographs..again admissible.
It depends on who you ask really. Ask a defense attorney and they will tell you everything was done illegally. Rule of thumb is if a judge binds you over at a probable cause hearing than you should be doing one of two things. Trying to make a deal with the DA's office or start buying stock in butt lube.

Answer 4

A person must be read their Miranda Rights upon that moment when criminal charges are being contemplated against him, and before being asked any questions that the answer for which might be incriminating. If the police didn't ask him any questions (other than biographical information), then they didn't need to read him his Miranda Rights.

If the police asked him about something else, and that something else was about an unrelated situation, then Miranda Rights are still not required. However, at whatever time the subject (your friend) says something that may be incriminating about that or any other crime, he must immediately be read his rights. If this is done, anything that was said prior to the rights being read is still admissable in court.

Answer 5

Two things trigger miranda. Custodial interrogation. Both must be covered. Your friend was in custody as he was in handcuffs in the back of a car. Interrogation is another matter. It is generally defined as any questioning with the intent of bringing charges against an individual (guilt seeking questions). If the question the officer asked was not in reference to a particular crime then it will probably be ok and your freind will be charged.

One thing TV has really done is cause people to mis-understand their rights. Just because you are arrested does not mean you need to be read your rights. Remember, do not listen to your drunk/stoned friends, you'll end up in jail. Go to the library and research the constitution and your local laws. Educate and protect yourself. It doesn't hurt to follow the law either.

Answer 6

I was arrested for simple assault, and the arresting officer did not read me my rights, either. I asked a cop friend of mine wasn't they supposed to read people their rights if they were arresting them, and he said in some cases, no. Anyhow, my case ended up getting thrown out, I'm not sure if it was a product of not being read my Miranda rights or not though. Either way, I didn't have to pay court cost, fines, or anything. Actually I never even had to talk to the judge. I had met with my lawyer the morning of court, and told him the cop did not read me my rights and the other complaints I had with how I was done and he said I didn't have anything to worry about, I went on to court and 45 minutes later he told me I could leave! Hope the same thing happens for your friend, tell them to get a lawyer definately though!!

Answer 7

Friends - Elton John I'll Be There For You - The Rembrandts With a Little Help From my Friends - Joe Cocker You're My Best Friend - Queen Lean on Me - Bill Withers Stand By Me - Ben E. King Gift of a Friend - Demi Lovato

Answer 8

The only thing the police officer has to say to you is that you are under arrest and why. You don't have your Miranda Rights read to you until you go to court and are before the judge.
Your friend should have kept his mouth shut, to avoid the 2nd charge.
No matter how you feel, this is his problem to deal with - not yours.

Answer 9

Yes, the officer should have had read him his rights, but since your friend didn't demand it, it's his word against the officers' now, if it didn't occur.

Your friend should also not have spoken to the officer, without requesting an attorney present, if his charge was serious enough to warrant that request.

Police officers will often try to act like your "best friend" when they are seeking additional information, or they will sometimes say, "it's off the records". That statement is often not true, but the statement your friend made suddenly becomes true, and other charges are brought forth to the table.

If and when he gets an attorney or public defender, he will need to discuss the circumstances of events to try and lessen the charges.

Good luck.

Answer 10

Well, assuming that you and your friend are correct (if you saying this from his account), then right about where the officer didn't read his rights is where things went wrong. From my understanding, by law he had to have been read his rights and (though I'm only saying this from guesswork) asking him that unrelated question was... Well, I hope your friend has a good lawyer, because if so that cop will get his *** chewed up.