Why doesn't a cop have to tell u that u have the right to remain silent?

Question

When he gives you a speeding ticket?

Answer 1

Two conditions must be present before Miranda applies

1. The person must be in custody and not free to leave
2. The officer intends on asking incriminating questions about the incident that led to the arrest.

Miranda only applies to criminal arrests. According to the US Supreme Court, a traffic stop is a temporary detention, not an arrest.

For more information , do a search on Miranda v. Arizona

Answer 2

They are not required to do so and why would they if they are not required to do so. They could go for a 2fer --- a speeding ticket and an arrest. Like "Sorry Ms, you were going a bit fast. Do you know just how fast you were going?"
You are nervous and worried --and you have been trained to talk in those situations (recall being called on in grade school? What did you do --- you spoke about your doggie if you didn't know the answer)---

Police have been trained to listen and observe. So as you say "I was not paying attention, sorry, my mind was somewhere else"
LEO: Where were you before now ---

The goal of that "friendliness" is to get you at ease and in his/her control.

It's to get you to admit to drugs, a crime, drinking. After the ticket is issued -- and they tell you that you are free to leave --- they may ask you " Oh, BTW you do not have anything illegal in the car...?" NEVER SAY -- No, but you could look if you want to!.

Answer 3

Because that's not part of the action plan when issuing a citation for speeding; however, failure to cooperate in the order of the process will result in the famous cop quote, "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense."

Answer 4

the "right to remain silent" is part of the Miranda Rights, which are read/spoken to those who are under arrest. (required of police officers arresting someone)
when given a speeding ticket, you are merely being acqitted of a traffic violation, not arrested. therefore, you do not have the Miranda Rights read to you.

Answer 5

If you are about to be arrested for a crime, You WILL be read the "Miranda" rights. If you get a speeding ticket, this is not an arrest. It is a ticket.

Answer 6

There are different laws for traffic, first of all you are not under arrest, it is a misdeamnor and the miranda reading is for people that are arrested in a criminal matter, traffic laws do not follow under the same guidelines as it is not in criminal court. However there can be circumstances where the traffic action does become a criminal matter then they should tell you your rights if you are arrested to be jailed for a criminal offense

Answer 7

the miranda rights only apply 2 you when you are getting arrested.. when u get a speeding ticket u can show up to court and then u are asked if u want 2 plead guilty or not guilty.. and u kn then argue your case

Answer 8

Because you are not under arrest or in custody.

In order for Miranda to be required you must be under arrest or in custody and being questioned about a criminal act.

Traffic stops are investigative stops and the courts have established they do not amount to custody.

Answer 9

ALL the other answers are right but,,,part of there training is psycology,you can learn more sometimes by being quiet than asking a direct question,ie ,,why you were speeding ,were you really speeding or did he just get you to admit to something you didnt do.

Answer 10

You are only read your Miranda Rights when you are arrested. Continue speeding and you'll get to hear the Miranda Rights!