2007-05-01 01:47:19 · 15 answers · asked by withawhy 1 in Politics & Government ➔ Law Enforcement & Police
Miranda is required only where you are in custody and where there is an interrogation.
Custody is where a reasonable person would not feel free to leave. You do not necessarily have to be in hand cuffs or under arrest.
An interrogation is where the police make statements designed to illicit an incriminating response. It can be a question like "why did you commit the crime?" or a statement like "you're going away for a long time."
Miranda is required when BOTH custody and interrogation are present.
Good luck.
2007-05-01 06:52:21 · answer #1 · answered by akbar hakimbisatrkhandeep patel 2 · 0⤊ 0⤋
In general Miranda warnings are given at the point of arrest. However, they do not have to be given until you are questioned concerning the crime you were arrest for. Usually the Desk Officer at the precinct will ask the Arresting Officer if you have been read your rights and the Officer will repeat them in front of the desk Officer. If you are later questioned by Detectives they will read them again.
2007-05-01 05:40:45 · answer #2 · answered by Tom M 3 · 0⤊ 0⤋
Your Miranda Rights having to be read to you on arrest is a TV/Movie created "Urban Myth"
The "Miranda WARNING" not rights... is a condition of interrogation and has nothing to do with Arrest.
I have been read my Miranda Warning without ever having been arrested by a police investigator. and I have watched my brother arrest many people without ever reading them the Miranda warning.
If you are being arrested on evidence, you dont have to be read the warning. The warning is only if you are being questioned about a posible crime and your answers could incriminate you.
2007-05-01 03:29:47 · answer #3 · answered by CG-23 Sailor 6 · 1⤊ 0⤋
A police officer only has to read you your rights BEFORE an interrogation. Most arrests do not require a Miranda warning, as you were caught in the act or a witness statement is enough.
2007-05-01 02:08:14 · answer #4 · answered by Devin 3 · 3⤊ 1⤋
Officers don't have to read you your rights at all unless they are going to ask you questions about what it is you supposedly did after being taken into custody. I can see you commit a crime, arrest you, drag you to jail or cite you to court and I don't have to read you any rights, since I don't need to ask you anything you don't need an attorney present, hence no Miranda warning is needed. But I would read them anyway. You can't get into any problems for reading them, only when you don't, so we'd do it just the same. It makes for good practice.
2007-05-01 02:11:59 · answer #5 · answered by SGT. D 6 · 1⤊ 2⤋
Your Miranda rights are to be read to you before any questioning takes place. If no questions will be asked, they do not have to read you your rights. Also, you can stop them from asking you any questions by stating that you request your attorney. At that point, all questions must stop until your lawyer arrives.
2007-05-01 02:04:08 · answer #6 · answered by Axle 2 · 2⤊ 0⤋
After arrest, and before questioning (Miranda warnings)
2007-05-01 05:40:42 · answer #7 · answered by CGIV76 7 · 0⤊ 0⤋
According to case law there is no time limit, just as long as they are read prior to custodial interrogation. If there is no questioning then there is no requirement to advise a suspect of their rights.
2007-05-01 01:51:45 · answer #8 · answered by Judge Dredd 5 · 3⤊ 0⤋
Judge Dredd did a fine job explaining rights advisement.
To add clarification, even though you are questioned...the important part comes in to play during custodial questioning and specifically when the questions are directed towards your involvement in illegal activities.
Asking your name, address, or like questions does NOT require the advisement of rights!
Best wishes.
2007-05-01 02:09:22 · answer #9 · answered by KC V ™ 7 · 3⤊ 1⤋
You are supposed to be given your rights before being asked any questions. You are also supposed to be told what is happening to you. Real world - whenever they decide it serves the case they are building against you.
2007-05-01 03:04:26 · answer #10 · answered by .. .this can't be good 5 · 0⤊ 0⤋