Miranda Rights?

Question

Ok when i learned about the Miranda Rights there was one thing that I dint see. And that was when the mirand rights actualy start to take affect. Like for example, someone is pulled over, and they are asked a question, dosent there constitutional rights take affect there and say that he dosent even have to answer his name? or anyting? I mean i know that that sounds weird but is that right? Or do you have to wait untill they read them to you. And Can a officer search your car if you dont agree to it? If so how is that posible?

Answer 1

From the moment you are pulled over, you have any and all right to remain silent and not answer a thing, it's your right, though I wouldnt suggest on this.

Also, keep in mind, that UNTIL you are read your miranda rights, anything self-incriminating you may say or do when answering a question, is not submisible in court, do to the fact that you have not been subjected to proper terms of knowing what you are doing (your fifth amendment right against self-incrimination)

Basically, you're miranda rights start to take effect the moment they are read to you by the officer, until then, everything else you say is given freely and not acceptable beyond the officers view.

As for an officer searching your car, they can only do it under 4 ways,

"Searches of automobiles may occur without the procurment of a search warrant first because a vehicle is moveable and can be concealed. Therefore, there is a lesser expectation of privacy in an automobile than in a home." - South Carolina Law Enforcement Division Instructors Book

1) if you are under arrest and detained by the officer for a crime already. (Search incident to an arrest)

2) You give them consent.

3) The officer has enough probbable cause to search the vehicle.

4) You have an item or illegal sustance in the car that warrants search under the "Plain View" Doctrine (Basically, if you have a kilo of weed sitting in your passenger seat when you get pulled over, and it's clearly visible without the officer having to search the vehicle, then it gives the officer complete authority to search the rest of the vehicle)

But no, an officer can't just pull you over and search your car because he wants to still, he needs some sort of grounds or reason or consent.

I suggest reading up on the case Carroll Vs. Us, vehicular search rules are mainly based from this case.

For Miranda rights and laws, read up on Miranda Vs. Arizona

Answer 2

You as a citizen if arrested do not have to be advised of your rights. If you are going to be questioned after the arrest about a specific criminal act you are suspected of having been involved in - then yes you must be advised of your rights under Miranda.

As a motorist - there is no right to drive - It is a State Granted privilege. You must produce your own license, registration and insurance cards. You must provide any personal information they request within professional reasoning. Which means name and current address. Any question they ask of a non criminal nature you are to answer.

Searching a vehicle: If a police officer in general stops you on the highway for a violation of the traffic code they do NOT have the right to search the vehicle to engage in a fishing expedition. They must obtain consent from you either written or oral. If you refuse to the search then by law they cannot search the vehicle. The courts have ruled that the use of an animal to sniff around your vehicle constitutes a search. If no consent was given that is an illegal search.

There are exceptions: to the rules for searches you can research them under the Carroll Doctrine or Terry stop and frisk and plain view Doctrine. These are different then just a traffic stop.

If you are arrested during this traffic stop - if your vehicle is going to be towed to an impound lot then they have the right to conduct an inventory search. This search lists all personal property and current damage to the vehicle - so that later you can not claim a theft or damage to or from the vehicle.

Anything illegal discovered during this inventory search can be used against you in the criminal trial.

Answer 3

Ok, there are somethings you do not need to say to an officer. If he asks for your name and address, generally, you are legally responsible to give it (and correctly) or you can be arrested. Other then that the only legal responsibility you have is to cooperate with the officer if he detains/siezes you (handcuffs, or backseat) or arrests you. When you are legally siezed, they do not always need to give you your miranda rights, often thats just for their own protection while they search the car or something. They don't even need to after they arrest you, but if they talk to you or you talk to them about whats going on they need to or every statement you make can be thrown out in court unless you've been "mirandized". A miranda warning simply is to inform you of your rights after you've been arrested. As for search laws, like people, they need a "reasonable suspicion" that something is not right. If you make strange movements in a car at night (reaching toward the floor, etc) thats enough for them to search the car with or without your consent. To search without consent they need what is known as "Probable Cause" (P/C). To get that, the totality of circumstances has to say that a reasonable person would believe something illegal is going on. For example, a silent driver doesn't amount to it, but a silent driver at night in a high drug area could amount to probable cause. In most cases officers will look to get a search warrant, but in a motor vehicle, its a whole nother ball game. With cars, it takes almost nothing to get P/C. For more info on your Miranda rights, check out the case, Miranda v. Arizona (it was infront of the USSC in the 60's; thats where your miranda warnings come from) and research your 4th and 5th Amendments dealing with search and siezure. Don't forget, YOU fall under those amendments. A person can be "siezed" in a constitutional sense. Also, Terry v. Ohio deals with stop-and-frisks, which is a search of a person.

Answer 4

Ok, first miranda rights and car searches have nothing to do with each other, miranda is only the rights not to talk without an attorney and the rights to an attorney ( which that right to an attorney has limits and can be denied actually)

miranda rights only apply to when they question you as a suspect and have been ruled not to apply to traffic tickets in most cases, since on the traffic ticket, they are not really questioning you, since they saw you do the crime, and are charging you with it from what they saw. Plus they don't use your testomony against you, they base it on what they saw.

Without miranda they may still charge you, only they can not use what you say against you.

As for the search, you can say no, they can hold you till they bring in a drug dog or get a warrant.

Answer 5

You are required by law to give your identification information. Failure to do so is obstructing a police officer.

If you are not arrested, you are not under Miranda but are still required to answer questions about who you are. An officer only needs reasonable suspicion for a pat-down or field interrogation, this must be brief. An officer must have probable cause to search a vehicle, person, or detain you. If they do not have probable cause, they must have your permission for search. If an officer wants to ask you questions about anything else other than who you are, you are NOT required to answer unless you are detained and read your rights.

Probable cause is either a person committed a crime infront of the officer, the officer believes the individual has weapons and/or drugs, is going to commit a crime, or is under suspicion for committing a crime. Read up on Terry vs Ohio, and Miranda vs Arizona.

Answer 6

In America your rights start the day you are born.But if you are driving then you have to show ID. But thats it. You do not have to answr any questions that do not relate to that traffic stop. The cop does not have to mirandize you unless he is placing you under arrest. Then, he has to be sure you understand your rights as far as attorneys and stuff. You do not have to answer any questions unless there is an investigation underway. Most cops will lie and say that there is. Ask for a case number. Also, a cop must be able to prove 'reasonable suspicion, to search your car. They can ask to search, if you say yes, its legal for them to do so. If you say no(," and it is your right to say no"), then they must have some good reason that they believe you are committing a crime. Such as, acting suspicious, or they smell alcohol or pot. THEY MUST HAVE"REASONABLE SUSPICION" . Although sometimes, just refusing to cooperate will make them suspect you, but that is not enough. YOU DONT HAVE TO LET THEM SEARCH! Unless of course you are on probation or with somebody who is on probation.

Answer 7

as long as the officer has AT LEAST reasonable suspicion (because probable cause is stronger than reasonable suspicion) that the suspect commited the crime the officer does not have to reply to the suspect as to what he is being arrested for. but as soon as the moment the officer is putting on the cuffs he MUST read the suspect the Miranda rights. If the officer does not read the rights to the suspect then whatever the suspect says during interrogation will NOT be used in court and will be thrown out. but NEVER does the person have a right to resist arrest or the officer will slap even more charges on the suspect.

Answer 8

Miranda Warnings are given AFTER you are placed under arrest. Questions regarding identification are not considered self incriminating. You can refuse a search of your vehicle prior to an arrest, unless there is probable cause, such as your vehicle matches the description of one that was just seen leaving the parking lot of a store that was just robbed. Refusing to identify yourself just raises suspicion, on the other hand, I couldn't tell you how many times I stopped James Bond.

Answer 9

If your pulled over for speeding, per se, and the officer asks "do you know why I stopped you," he does not have to Miranda-ize you. On the other hand, if he pulls you over under suspicion you stole the vehicle you were driving, then he can arrest you. If he starts to interrogate you while you are under arrest (unable to leave the cops presence at will), then he must read you your rights.

If you refuse a search of your vehicle, the officer can impound it, take it to a police station or impound lot, and have it searched there. If they want to search it, they're going to one way or the other. It's usually best if you just agree to a search.

Answer 10

in the uk it depends on the individual situation-but bear in mind that when dealing with the police politeness always pays dividends. a police officer cannot ask for your particulars without first explaining the reason why he wants to know them-if he/she doesn't you are within your rights to say nothing. your miranda rights begin from the moment you are placed under arrest. they are a reminder to the accused person of their right remain silent which are "you do not have to say anything but it may harm your defence if you do not mention when questioned something you later rely on in court anything you do say may be given in evidence".a police officer has the right to search any vehicle he has reason to suspect has been/is involved in criminal activity. if after the search he/she finds nothing the police officer is not obliged to explain their actions.