Miranda Rights?

Question

Does anyone know that if the police come and pick you up on a warrant for another county and dod not read you your rights if there is anything that can be done about that.

OK My husband was pick up by out county police (sheriff) for a warrant that was put out by another county for Contempt of court (failure to appear in court on child support) the kicker is that he had no knowledge of the court date. He was never sent anything saying he had a court date. Only when he was served with the papers stating he had missed his court date and there was a warrant for his arrest.

Answer 1

The arrest is still good.
Just anything that he might have said after being taken into custody is not admissible in court.
Your Miranda rights basically are an advisement of your 5th Amendment privilege to not incriminate yourself.

Answer 2

No there is no reason for the police to read you Miranda Rights because Miranda rights only apply WHEN YOU ARE INTERROGATED by police. When there is a warrant there is a court order that says they are going to jail no reason to interrogate the person because a judge has given you all the authority you need in a little piece of paper.

Answer 3

Close...But still wrong...

The Miranda WARNING must be given to someone when they are:

1) In custody

AND

2) Being INTERROGATED -- not just questioned.

From Wikipedia as pulled from Supreme Court rulings and decisions: "...The Supreme Court did not specify the exact wording to be used when informing a suspect of his or her rights. However, they did set down a set of guidelines which must be followed. The ruling states:

...The person in custody must, prior to interrogation, be clearly informed that he or she has the right to remain silent, and that anything the person says may be used against that person in court; the person must be clearly informed that he or she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he or she is indigent, an attorney will be provided at no cost to represent him or her..."

and

"...police are only required to warn an individual whom they intend to subject to custodial interrogation at the police station, in a police vehicle or when detained. Arrests can occur without questioning and without the Miranda warning..."

Beyond all that, if a person makes a statement prior to being Mirandized, and that statement was free of coersion, voluntary, and they were not being interrogated at the time then the statement WILL be admitted into evidence. For example: A guy is sitting in the back of my cruiser and says "She deserved it! I should have hit her harder!" I didn't ask him anything and he admitted to the crime...and he was convicted based on his voluntary statement.

So, simply put, your husband did not need to be Mirandized when he was arrested and, unless he was going to be interrogated, never needed to be Mirandized during custody.

Answer 4

Okay, Neuromancer is way off.

You do not need to be read your rights when ever taken into custody. Read any supreme court ruling or even the original ruling on the subject.

Miranda only applies when two things are present. Custody and interrogation. Police do not have to read you your rights unless they are asking questions relating to a crime.

Arrest is a 4th amendment issue. Miranda covers the 5th amendment. So it has nothing to do with an arrest by itself.

So if they put you up on a warrant, they do not have to read you Miranda, because they aren't going to question you. Same with crimes like driving while suspended or anything where they have enough evidence to make a case and they don't need to question you. Pedigree and booking questions (name, address, hair color, eye color, ect) do not fall under Miranda either.

If your Miranda rights are not read and you are questioned. The only things that will be thrown out are any statements you make to police. The arrest itself is still good and the prosecution could possibly still get a conviction based solely on the evidence. For example, get this. Miranda himself (who the ruling is based off you), his statements were thrown out by the supreme court. But he was still convicted of some of his crimes based on other evidence.

I think the Miranda experts on here that continually give bad advice really should research the ruling.

So in closing, if you are arrested for warrants, police DO NOT need to read you your Miranda rights.

Answer 5

Nope. Nothing can be done. When a person is arrested Miranda is not necessary unless you have Custody and interrogation. A Warrant gives the officer the right to make the arrest. No talking necessary.

Answer 6

The MOST that could result from not reading your Miranda rights is that anything you said could not be used against you in court. In the case you describe, nothing you said would be used anyway. Even if you said something they would want to use in court, if they can PROVE you knew your rights and did not exercise them, your statement MAY be admissible.

Answer 7

We're only required to read Miranda Warnings when A)The suspect is under arrest and B) prior to any questioning.

Other than that, its not required. I handcuff folks, place them under arrest and stick them in my car for a ride to the processing center. Anything they say to me on the ride downtown is called a "spontaneous statement" and can be held against them. For example: "What are my charges gonna be for having all that meth on me officer?" I say possession or possession for sales. I don't ask anything else. Well sometimes I ask questions like "Are those cuffs OK? Not too tight?" "Want the window down? Is it stuffy back there?"

Answer 8

if you are picked up on a warrant in a other county then the police don't have to read you your Miranda rights. example. i was on a ride-along when the officer that i was riding with was called to an Tc. there we arrested one of two drunks (the other was a the hospital) well on the way to the hospital to get a forced blood chemical test he said that we didn't read him his rights. my officer told him that we do have to read him his rights. later we found out the he had a warrant on his head from another county.

Answer 9

No they don't have to provide a Miranda Warning, as they are responding to a Court Ordered directive.

Answer 10

Actually, there's a lot of misunderstanding about this due to stupid TV shows. Under Miranda v. Arizona, if cops do not read you your Miranda rights, then anything you say up to that point cannot be used against you in a criminal trial. That's the only penalty. So if you SAID something self-incriminating before you were read your rights, then you can do something about it. If you did not say anything self-incriminating, then they have done nothing illegal. You can tell the judge that they did not read them, but it wouldn't make any difference to the case.