When are you supossed to be read your miranda rights?

Question

My brother has been arrested a few times, and he said not once have they read them to him.

Answer 1

Some of these answers are hilarious, if most of these answerers were really cops, they'd be in federal court right now for violating civil rights. One person with the wrong answer claimed to have a masters degree in Criminal Justice, go ask for your money back, and retake Search and Seizure 101.

Miranda is required when:
You have a suspect in custody (arrested)
They are being interrogated

That's it.

Answer 2

You may think that it is when you are arrested but that isn't correct. It is before they begin to question you after you have been arrested. Hopefully between the time you are in front of the police until they read you your Miranda rights, you have it together enough not to say anything because if you do go to court they will use it against you anyway.

Answer 3

WOW. Misinformation galore. Let us all take a moment and thank Hollywood and every cop show on TV as to why this question is even posted on here.
Read the answer posted by Kenneth C, it is the most accurate. Don't listen to Robbocop - hell, he can't even spell the name right. And be advised and forewarned just because someone claims to have a degree in something does not mean they do nor does it make them an expert.
Specifically, Custody & Interrogation = Miranda.
If you are not in custody and a law enforcement officer is questioning you, that officer does not have to read you any Miranda advisement.
If you are in custody and a law enforcement officer does not ask you any questions about the crime which you are suspected of committing, then no Miranda advisement is needed AT ALL. Period.
Your brother could have been detained, which does not equal custody, therefore not requiring Miranda.
He could have been arrested and never asked any questions about the crime(s) which he may have been suspected of committing - again, no Miranda required.

Research the actual case law (Miranda vs. Arizona, 1962, US Supreme Court) and all it's subsequent findings, rulings, etc. and you will have a better understanding. Findlaw.com is a great resource for this.

That way, you can save all us a little heartache from the stupidity of armchair lawyers who don't have a clue as to what they are talking about.

Thanks.

Answer 4

Yes they are misinformed.
You do not have to even be in custody at the time you are given your Miranda warnings. If I was questioning someone that I thought might give me something that would lead to their prosecution I would, and have given them their Miranda warning.
Lets say the police take you into custody and do not ask you anything but your identifiers they never have to give you your Mirandas. For example say that the officer sees you hit someone else in the face. You are arrested. The officer saw the whole confrontation and decided you were the bad guy and the victim wishes to sign complaints, that's it, No Miranda needed or warranted.

Answer 5

AFTER being placed into police custody and BEFORE being questioned about anything that could be self-incriminating. If you have not been placed into custody, then the police can question you without reading your Miranda warning. If you have been placed into custody (arrested), and they do not question you, they do not have to advise you of your Miranda warnings. This does not apply to identification type questions, only those that may incriminate you.


EDIT: To Bocephus;
First of all Robbocop is an intentional mis-spelling as a play on my fist name. Secondly, you said "don't listen to robbocop" but then proceeded to say pretty much the same thing I did. (?) Miranda rights are only REQUIRED after a person is in custody and prior to any incriminating questions being asked. You said basically the same thing I did.

Answer 6

I quit reading a lot of these response because they made me want to tell you guys to remain silent.

Miranda kicks in when you are in custody and being questioned. If either of those two elements are not present then Miranda is not needed. I arrest a bunch of people and never give them their rights.

I could go on about special circumstances when Miranda does not need to be given and you are being questioned but I don't want to muddy the waters. Lets let this one soak in before we get advanced here.

Answer 7

It is true that after they arrest you, you are "mirandized", but the letter of the law says that you must be read your rights before they question you. Technically there is no time limit. So, you can be arrested, taken downtown (or across the street for some of you small town folk) and held for hours without being read your rights (and may never be read yhour rights), and nothing there is considered wrong until they ask you a question.
This law states that any testimony given by the accused before he is read his rights is not permissible in court... but of course, trying to convince a jury that the arresting cop DIDN'T read your rights is a whole different thing.

Answer 8

The Miranda rights do not protect you from being arrested, only from incriminating yourself during questioning. All police need to legally arrest a person is "probable cause" -- an adequate reason based on facts and events to believe the person has committed a crime.

Police are required to "Read him his (Miranda) rights," only before interrogating a suspect. While failure to do so may cause any subsequent statements to be thrown out of court, the arrest may still be legal and valid.

Answer 9

To add to what robocop said, Miranda rights apply only if two conditions are met: 1) you are in custody and 2) you are being interrogated.

Not all encounters with the police are considered to be custody and there are even situations where you can be questioned as a suspect at a police station and not be in custody. Custody has a very specific legal meaning and whether you are in custody depends on "the totality of the circumstances."

Likewise, interrogation has a specific legal meaning of comments or questions designed to obtain a potentially incriminating answer.

Even if the police fail to properly inform you of your Miranda rights (or honor your decision not to talk with them). You can still be charged with an offense. However, your "pre-Miranda/post-custody" statements will be kept out of evidence unless you testify.

Answer 10

You are only read your Miranda rights on a charge where you would be questioned about it. For example, a burglary, murder, etc. ONLY if you would be questioned about it. You don't have to be read your rights on just any arrest. You people watch too much tv.