When a person is arrested how come sometimes their rights are read and sometimes they are not?

Answer 1

Because you only need to be read your rights when you are being INTERROGATED by the police not when you are ARRESTED.

Answer 2

Police departments usually decide exactly when Miranda Rights are read. However, the key point is a person must have their rights read if they have been charged with a crime prior to answering questions for a crime. Often a police officer is merely investigating circumstances of a crime and rights are not required to be read at the time. Handcuffs aren't always meaning a person has been arrested but merely detained or confined for officer safety reasons. Watch shows such as cops and you will see the person advised not to say anything else as they are under arrest and rights are read at that time or they may wait until formal questioning at the station.

Answer 3

Sorry, Breadcrumbs, but you're wrong!

A rights advisement is ONLY required if 2 conditions exist:

1. You are suspected of committing a crime.
2. You are about to be interrogated.

Merely being arrested does NOT require a rights advisement! If they do not interrogate you, there is NO need to advise you of your rights.

Police will sometimes not advise someone of their rights immediately upon arrest, waiting for a "spontaneous utterance" that indicates the suspect's guilt. These spontaneous utterances ARE admissible in court absent a rights advisement so long as the police made NO ATTEMPT to interrogate or question the suspect. These are often accompanied by video recording of the suspect making the spontaneous utterance, typically in the back of the cruiser.

Additionally, if you are not a suspect, no rights advisement is required. Police often question a number of potential witnesses during the investigative process. If one of the persons being interviewed makes a statement that indicates that they may be a suspect, all questioning will stop immediately and the person will be advised of their rights. The statement made that resulted in the person becoming a suspect is STILL admissible in court but anything said after that without a rights advisement would be inadmissible.

Answer 4

Going with the above posters, also here in Mass, we don't have to read your rights, but can ask only questions related to the crime for an arrest, (I.E. SP is caught on a B&E M/V at night, I ask him why do you have that screw driver on your persons?) Once the person is arrested and brought to booking the booker officer will read him his rights as part of the booking process.

Answer 5

You can arrest someone and and put them in the car and take them to jail without saying a word to them. When you start to interrogate the person you arrested you should read him his Miranda rights. Some departments do it automatically just to save any question.

Answer 6

Miranda v. Arizona only applies to custodial interrogations. You do not have to have your rights read to you merely for being arrested. The officer is only required to advise you that you're under arrest and what you're being charged with UNLESS he/she intends to ask you questions that might be incriminating.

Answer 7

I love how everyone thinks that they are a cop/government official now.

When ever a cop arrests someone, he/she must read the individual under arrest their Miranda rights. If a cop arrests someone and never reads them their Miranda rights, the charges are dropped one hundred percent and the arrested person(s) is/are released, no matter what the circumstances may be.

Answer 8

That is not the case whenever an individual is arrested their rights must be read to them.

Answer 9

In the US, when someone is arrested, the police always read the person his rights.

Answer 10

Because sometimes the cops take their job seriously, and others they arrest to harass. They often know the charges will be dropped anyway in that case