in what instance does a cop have the right to arrest someone without reading them thier miranda rights?

Question

is that legal? i thought that no matter the situation they have to inform you of the rights that you have

Answer 1

All instances. Miranda warnings are read after arrest, and prior to questioning.

Answer 2

I am always amazed at the ignorance regarding this issue. Even after 35 years of legal practice people still get it wrong.

So, the answer to your question of does a cop have the right to arrest someone without reading them their miranda rights? the answer is yes.

Also, to the question you did NOT ask, they can even question a suspect whether arrested or not, without mirandizing them.

The ONLY issue with miranda is when the results of the questions will be used as evidence at trial. without waiving miranda and without the warning being given, the police can question anyone for anything for any amount of time but the answers are inadmissible as evidence under law.

Answer 3

I don;t have to read you your Miranda rights unless I am going to question you about something. To many people watching cop shows lately. You Miranda rights simply inform you that before I question you regarding a crime, you need to know a couple things like, you can have a lawyer present and you don't have to answer my questions. If I am not going to question you, I don't have to inform you about anything. I suggest you read Miranda vs Arizona for the specific details and you may have a better understanding.

Answer 4

I thought the same. That's why we call the Miranda Rights. I don't think that any circumstances make a difference not to inform your rights. But some policemen think that they are above the law and treat the person who are arresting with abuse.

Answer 5

Custodial Interrogation

Answer 6

They have to read you your rights, it's the law. But they don't have to do it at the time of the arrest. They can wait until they get you back to the police station and read them then. They can read them to you in the car. As long as they're read to you after the arrest and before questioning, it's legal.

Answer 7

A cop can arrest anyone that they feel is suspicious. They don't have to read any miranda rights until they start asking questions. However, it's proper procedure to read rights after they arrest someone in case that person "talks." It's a formality....

You know what you're rights are. They shouldn't have to explain them to you. You're doing something to obstruct justice, it's their job to intervene.

Answer 8

If you are an escaped felon they have no obligation to read you your rights. You have already been tried and convicted so evidence is not in question.

There may also be other situations where you have already been before a judge and are out on bail, and you attempt to flee that an officer may not be required to read you your rights again.

Answer 9

Its not a requirement by any law. You NEVER have have to have your rights read to you, just for being arrested and charged.

Its been asked 1000 times here. Do a second of research next time.

Answer 10

They only have to read you your rights before questioning you, not before or while arresting you. You can be arrested, handcuffed, placed in a patrol car, booked, photographed, fingerprinted all before you receive your Miranda warning. It is only when they decide to begin your interrogation that they are obligated to mirandize you.

However, if the police wish to question you on the spot where the arrest is made they will mirandize you then.

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