is it against the law for the cops to not read you your rights when they arrest you?
2007-07-24 15:09:41 · 22 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
they already searched the truck and put the people in handcuffs
2007-07-25 05:20:35 · update #1
Yes, they need to read you your rights prior to any questioning, if you start talking without them asking any questions, they need to read you your rights.
2007-07-24 15:13:57 · answer #1 · answered by ♥ ♥Be Happi♥ ♥ 6 · 2⤊ 10⤋
It is not against the law for the cops to read you your rights when they arrest you. As long as they have probable cause and believe that the suspect has committed a crime, the arrest is valid.
When a suspect is in custody and being interrogated then, by right, the Officer should read him/her their rights. If the Miranda Rights was not given during the time of interrogation any information given prior to the Rights being read or given, is inadmissible. Anything after the Miranda Rights is admissible.
2007-07-24 22:30:53 · answer #2 · answered by Smahteepanties 4 · 2⤊ 0⤋
Kenneth (above post) has it right.
The Police do not have to read Miranda to you. In fact I rarely read it to people I arrest.
The only thing I might add that I don't think Kenneth touched on and I saw another poster screw up was this:
If you get arrested and start talking about your crime (without being asked about it by the Police) then the officer still does not need to read Miranda to you. In other words if you just start talking about a crime it can be held against you.
Kenneth gets the thumbs up here.
2007-07-25 01:28:29 · answer #3 · answered by El Scott 7 · 1⤊ 0⤋
NO!
There is no law at all for it. It is considered a prophylactic rule.
Police only have to read you your rights when you are in custody and being questioned about a crime. Pedigree information doesn't count as being questioned (name, age, DOB, ect)
So if you are arrested for driving while suspended, the officer will probably never read your rights because he probably won't question you. And that is perfectly acceptable.
Miranda covers the 5th amendment (self incrimination portion). Arrest is a 4th amendment issue. So Miranda doesn't come into play until you are being question.
If police fail to mirandize you and you are questioned. Only the questions they ask and your answers or confession would be thrown out. Not the entire arrest or any other evidence (unless it was found due to your confession)
In the original Miranda case, Ernesto Miranda was still convicted of some of his crimes. Just his confession was thrown out.
2007-07-24 22:17:32 · answer #4 · answered by Kenneth C 6 · 13⤊ 0⤋
No.
The officer only needs to tell you what you are being arrested for.
A person is not read their rights under Miranda until prior to being questioned and at that point you receive your rights both verbally and most often in writing.
And if you are in the back of the patrol car and you blurt out that you just committed a crime, without being asked, you may not be protected by the 5th amendment because it is considered a excited utterance which can be used against you.
2007-07-24 23:34:37 · answer #5 · answered by shewolf3808 2 · 1⤊ 1⤋
No.
There is no requirement that you have any rights read to you when arrested.
Read the Miranda holding. The requirement to read so-called Miranda rights only applies to "custodial interrogation".
Arrest counts as "custody". However, if the cops are not interrogating you, then the Miranda rules don't apply.
FYI, interrogation is defined as either asking questions, or making statements likely to provoke an incriminating response.
But, if there is no conversation or interrogation, then the failure to read rights has no implications on whether the arrest itself was valid.
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Great constitutional analysis by KennethC (above). Kudos.
2007-07-24 23:03:44 · answer #6 · answered by coragryph 7 · 2⤊ 1⤋
Miranda merely states you must be read and understand your rights before questioning in a crime you may have committed. If you fail to understand or are not read your rights then any statement made after the fact may not be admissable in court. It doesn't mean your case is thrown out but your statements against yourself maybe. Other evidence could lead to your conviction.
2007-07-25 06:03:33 · answer #7 · answered by kyghostchaser2006 3 · 0⤊ 0⤋
NO! Police only need to read your Miranda Rights under two conditions...and both must be met.
1) You must be in custody.
2) You must be being interrogated by the police.
As a street officer the only times I had to read a suspect Miranda Rights was on misdemeanor domestic assault cases.
2007-07-25 04:10:44 · answer #8 · answered by Vindicaire 5 · 1⤊ 0⤋
Many of you watch to much TV...First off it is Miranda Warning. Not rights. And, You only have to be read the warning if you are under arrest, not free to leave, and being questioned. Also, You have to be questioned about the crime or specifics of the crime. Your name, DOB, address, etc, are types of information not covered under the Miranda Warning. Now here is a question for you...Did you know Miranda was named after a dirtbag who was let off for a crime and later killed by another shxxbag. He should have just been a man and admitted he messed up...
2007-07-24 23:08:23 · answer #9 · answered by wfsgymwear 3 · 1⤊ 1⤋
Only if they question you. And it's not really against the law anyway. They can't be arrested for not advising you of your rights.
2007-07-24 22:35:39 · answer #10 · answered by tallerfella 7 · 1⤊ 1⤋
no only if they are questioning you but not if they just arrest you. by now most people should know that is one of your rights and whether an officer informs you of it or not the best thing is to remain silent until you have an attorney present. that way you protect your rights.
2007-07-24 23:13:03 · answer #11 · answered by kattz 3 · 0⤊ 1⤋