Rights before being read Miranda Rights?

Question

If a police officer places a suspect in a custodial situation before having been read his/her Miranda rights, what rights does the person have? For example, if a person is demanding to be informed as to why he is being arrested but the officers do not reply, does the person then have the right to resist arrest? I'm most interested in a discussion of the rights of peaceful, (registered) protesters.

Answer 1

Nothing gives someone the right to resist arrest. Police have a set period of time (24 hours in Missouri) that they can hold someone before formally charging them, so a person does not have the right to be IMMEDIATELY informed of the charges against them.

A peaceful protester, for instance, who is told to leave an area because he is creating a disturbance and fails to do so, and then further pulls away from and begins fighting with police trying to remove him, can be arrested for resisting arrest in addition to other charges.

If you believe an arrest is unlawful, then sue the pants off the police department later. Resisting on the scene during the arrest will get cops and civilians hurt.

Answer 2

as long as the officer has AT LEAST reasonable suspicion (because probable cause is stronger than reasonable suspicion) that the suspect commited the crime the officer does not have to reply to the suspect as to what he is being arrested for. but as soon as the moment the officer is putting on the cuffs he MUST read the suspect the Miranda rights. If the officer does not read the rights to the suspect then whatever the suspect says during interrogation will NOT be used in court and will be thrown out. but NEVER does the person have a right to resist arrest or the officer will slap even more charges on the suspect.

Answer 3

You are usually detained even though you are in cuffs, while the officer assesses the situation completely you should sit quietly until the decision is made to arrest or let you go. You should not at any time resist arrest this will only make it harder on you. Usually the officer will tell the jailers that you are trouble and you will not be treated as well upon entering the facility. You can scream and yell all you want but the end result will still be the same based on the arresting officers decision, so save your breath and wait until he/she advises you of the reason you are being detained and don't rack up any more charges than necessary.

Answer 4

You never have the right to resist arrest. If the police officer is (in your opinion or in even in reality) behaving improperly, you should comply with instructions and complain afterwards. This is not Iran, or Uganda.

What is a "registered" protester anyway?

Many people think that the police are called out to prevent a protest, and that they somehow support the government. Police are there to make sure that no laws get broken and nobody gets hurt.

Do you remember "Sgt Pepper"? In Vancouver BC, some people were protesting human rights violations in Indonesia, by attempting to approach the Indonesian president. The Royal Canadian Mounted Police ordered the protesters to keep a distance, but they did not comply. The NCO in charge of the officers ordered the use of pepper spray.

The Indonesian bodyguards around the president were armed thugs, who would not have hesitated to open fire if the protesters got too close. Sgt Pepper probably saved lives, for all that he got reviled for it afterwards.

Peaceful protesters obey the police, and do not get arrested in the first place.

Answer 5

You hve all the rights you would have after being Mriandized before. they are just informing you, not granting you the rights.

You never have the right to resist arrest under the law.

Peaceful protesters are usually schooled in non-resistance techniques anyway.

I don't believe an officer is obligated to tell you why you are being arrested - that may be a courtesy in most cases. You wil find out soon enough when you are formally charged.

IANAL though...

Answer 6

this is not legal advice! This is a very provocative topic. The Supreme Court has held that the spirit of Miranda is more important than the actual words being read to someone being held in custody. There is a large gray area between being in custody and being under arrest. The police can lie cheat and steal to get you to give a confession, but unless you are "technically" held in custody without the right to leave they don't have to read you your rights. If there is a confession while in custody without being arrested all you gain is your being inadmissible in court, not a free pass. This is still a hot legal topic.

Answer 7

I do not have to tell you what you are arrested for. Although I would probably give you some BS answer just to shut you up. I have up to 24 hours to charge you with a crime. But what actually happens it when you get to the station/jail you will be told because the jailer wants to know what to put on your booking slip.

As to your Miranda Rights. I do not have to read you your rights unless I intend to question you about a crime. I can ask you your name, address, SSN, what car you are driving, where you were going, etc. As long as I do not ask you about the dead body in the trunk of your car; I have not violated your "Miranda Rights".

Answer 8

As Citicop said, even if the suspect waives their rights, I will continue to read them. We have voice activated recorders on us, so we are covered if the suspect later tries to say he didn't waive them or we didn't read them at all If a detective is interviewing the suspect, he or she uses the same method, and it is recorded and the suspect will also be asked to sign a waiver stating that he was read his rights but elected to discuss the case anyway.

Answer 9

You NEVER have the right to resist arrest.

Answer 10

Police are no longer even required to read you your Miranda rights!