If a police officer does not read you your rights while he is arresting you and taking you to jail can you still be convicted of a crime?
2007-07-09 09:13:41 · 15 answers · asked by Hostile C 2 in Politics & Government ➔ Law Enforcement & Police
No. Your rights warn you about your right to remain silent, and your right to have appointed counsel present before you decide whether to answer questions, once you are in custody. Officers are not required to read you your rights unless they plan to question you once you are in custody. If they fail to read your rights to you, after you are in custody, then any answers you give them to questions can not be used against you in court. But that doesn’t make the arrest illegal, and you can still be convicted.
hope that helped
2007-07-09 09:23:19 · answer #1 · answered by Jesse 2 · 3⤊ 1⤋
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2016-06-11 12:40:15 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Police are not required to read your your rights on the arrest. You will be read your rights if they question you about a crime, etc. You can be arrested and put in jail with out the street cop reading you miranda.
2007-07-09 13:08:57 · answer #3 · answered by woodyhou 4 · 0⤊ 0⤋
If you read the laws concerning the advisement of your "Miranda Warning"...you'll better understand.
Basically, the Miranda warning is a police warning that is given to criminal suspects in police custody or in a custodial situation when they are asked questions relating to the commission of a crime.
A custodial situation is where the suspect's freedom of movement is restrained although he is not under arrest.
Police may request biographical information such as name, date of birth and address without reading suspects their Miranda warnings.
Where ones Miranda is required is if the police ask you specific questions towards a specific offense you've been stopped for. For instance, a witness said you stole from them. The police stop you and ask you your name, home address, telephone number, etc., no miranda is required.
If the police then ask you "did you steal from the witness"...Miranda would have been required prior to asking the question.
If the police respond to a murder scene and the suspect comes running out of the house screaming..."I killed them all!"...then the statement may be used as it is referred to as a "spontaneous utterance" and admissable in a court of law.
You may direct further questions via email if you wish.
Best wishes.
2007-07-09 09:28:04 · answer #4 · answered by KC V ™ 7 · 5⤊ 0⤋
If the protesters they're ordered to arrest are breaking the regulation and that they do no longer elect to arrest them they could be charged with insubordination yet via fact the refusing cops broke no regulation they should not be arrested. the place did you hear that NYC cops are refusing to arrest protesters? is there a link?
2016-09-29 09:34:35 · answer #5 · answered by keva 4 · 0⤊ 0⤋
Yes, the only time your rights need to be read to you are when you are going to be questioned after the cuffs are on. If they have all the info needed before the arrest then they don't need to read you your rights.
2007-07-09 09:35:06 · answer #6 · answered by Truth Hurts 6 · 2⤊ 0⤋
There must be 3 things present in order for an officer to have to read you your rights:
-Must be in custody
-Must be being questioned
-Must be charged
2007-07-09 14:23:39 · answer #7 · answered by pd84 2 · 0⤊ 0⤋
We will usually ask you questions before you are placed in custody. (example: what are doing here? and why is that person complaining about your actions, etc...) but most people will just talk themselves into trouble. Hollywood has made this job that much easier, everyone is a street lawyer these days.
2007-07-09 09:30:50 · answer #8 · answered by Anonymous · 5⤊ 0⤋
yes the miranda rights are basically just for questioning.. the city of el paso rountinely arrests ppl without any mention of miranda rights...
2007-07-09 09:21:51 · answer #9 · answered by tex 3 · 2⤊ 0⤋
A police officer doesn't even have to read you your rights. Read criminal procedure.
2007-07-09 09:27:35 · answer #10 · answered by Anonymous · 3⤊ 0⤋