does an officer always have to read you your miranda rights??
like even in cases of a misdemenor or a disorderly conduct charge???
also can you bring this up in course and plead that the arrest was invalid because they did not read your rights
or does this just have to do with the fith ammendment about self incriminating like they dont have to read you your rights if they dont plan on using your statement??
2007-10-24 09:24:13 · 5 answers · asked by T 4 in Politics & Government ➔ Law & Ethics
Once you are arrested any questions asked by law enforcement are identified as a custodial interrogation. You do not have to be advised of your rights unless they want to question you.
**** Watching COPS is no indication of how the law works. First of all cops can talk to you all they want prior to arrest and your statement is ADMISSIBLE. Its called consenual/voluntary conversation. Your 5th amendment rights do not kick in until you are in fact arrested or until a reasonable person would believe they were not free to go.
As far as talking to the police prior to arrest.... you do not have to say one word. Why would you help gather voluntary evidence to arrest you.
2007-10-24 09:28:35 · answer #1 · answered by Daniel 6 · 2⤊ 0⤋
They have to read you your rights before questioning. If they do not, all those things you said are not admissible.
It has to do with the 5th amendment.
They can actually ask you questions before they read you your rights, however as stated before the answers can not be used in court. You often see this on Cops where the police question a suspect and witnesses. They decide based on the facts that the suspect needs to be arrested. They arrest the suspect and read the Miranda warning. After that, they ask the same questions as they are now admissible.
2007-10-24 09:30:33 · answer #2 · answered by davidmi711 7 · 0⤊ 2⤋
There are exceptions. In a DUI arrest for example, the rights do not have to be read. There are lots of others, see the link below for info.
2007-10-24 09:31:46 · answer #3 · answered by Josh 6 · 1⤊ 1⤋
If you aren't read your rights, all it means is that anything you say to the cops can't be used in court.
2007-10-24 09:27:36 · answer #4 · answered by Anonymous · 0⤊ 2⤋
You got it. If they don't care what you say because they aren't going to use it anyway then they don't have to read you your rights.
2007-10-24 09:28:44 · answer #5 · answered by Rebeckah 6 · 1⤊ 1⤋