Why doesn't an police officer have to read you the miranda rights?

Answer 1

The only time a police officer has to read you Miranda Rights is when he or she is contemplating criminal prosecution against you and wishes to ask you questions which may elicit an answer that will incriminate you.

If the officer doesn't need to, or doesn't wish to, ask you any questions, then he doesn't actually have to read you your Miranda Rights.

Some agencies make it a policy that the Miranda Rights must be read to the subject at the time of their arrest, and it is a good idea to do so, but it isn't required by law, statute, or court desision. A violation of department policy won't assist a suspect with his own case. It might result in the officer being disciplined; that's all.

Failing to read a suspect his or her Miranda Rights at an appropriate time may get any statements made by that suspect thrown out, so that they can't be used against him in court proceedings, but if there is already enough evidence against him or her, the officer still has a case, and the suspect still has a problem. The court won't throw out the whole case, just those statements made after whatever point the court decides that person should have been advised of his rights.

El Chistoso

Answer 2

A police officer is not required to read Miranda to everyone that he/she arrests or detains.

If I arrest you and I determine that I have enough evidence to support the arrest and enough information to submit to the District Attorney for a complaint I am NOT required to give you a warning under Miranda....I may just be waiting for some sort of spontaneous statement from you....which I record and can use against you even though I did not warn you...why...because I didn't ask you any questions about the event in question.

If I arrest you and seek to interview/interrogate you with the intent of gathering information that I may use against you as evidence then I am required to warn you under Miranda.

Answer 3

Dog Lover is correct. I can arrest you and take you straight to jail without Miranda. This is as long as i don't ask questions pertaining to the crime. I can ask your name, address, phone, etc. w/ out Miranda. Miranda is only needed if a person is in custody, is not free to leave, and is being questioned about a crime it is believed he/ she committed. TV has people fooled. 95% of the time I don't read Miranda because i don't ask questions. I really do not care what my custody has to say. I already know what took place, therefor I made the arrest.

Answer 4

Contrary to some people's belief, and Hollywood movies.... your Miranda Warnings do not need to be read to you upon arrest. I can arrest you and put you in jail and NEVER read them to you.

The only time I am required by law to advise you of your rights is if two conditions are met:

1. Custody, ie, you are not free to go or I have arrested you

And accompanied by:

2. Interrogation or questioning.

If both of these conditions are not met.... then Miranda is not required.

So, if I pull up to you while you are sitting on the curb and begin to question you.... no Miranda as you are not in custody. If during this questioning you implicate yourself in a crime, and I now detain you, then it is custody so to further question you I would need to advise you of Miranda.

And say I see you walk up to someone on the street and punch them in the head. I then make a probable cause arrest of you. I do not have to read you your rights as I have all the evidence of the offense of Battery I need. I saw you do it. I have no reason to question you. If I do decide to question you, following the arrest and now custody, other than your biographical information, then I would need to advise you of your rights.

So, as a recap.... Miranda is only required during custodial interrogation... Or if you are a known suspect and I plan to arrest you and am questioning you knowing full well that I am not going to let you leave, thus it is basic custody.

Answer 5

In my senior law class, we discussed this very issue. The police officer has to read you the miranda of rights before arresting you. If they don't then anything you say is immediately thrown out in court.

So, if you are arrested, they don't read the rights, and you say that you did do X. That evidence will be thrown out of court, and if they fail to collect any other hard evidence, then you're free on a technicality.

I'll just add that my law team actually won a case for the defendent accused of child pornography due to the fact that he was not read his rights when arrested. So in court, evidence from answers given by the suspect, without his rights being read to him, are thrown out.

Answer 6

They have to, if you are arrested or being interrogated under a suspicion possibly leading to an arrest. When Miranda is recited to you, ask to have a lawyer present and choose to cover your rear by keeping quiet. Cops hate it when Civil Rights protect citizens

Answer 7

AN police officer?

Answer 8

Miranda doctrine should be recited during the arrest, otherwise, the police officer who is making the arrest can be charged of dereliction of duty.

Answer 9

if you are being held or under arrest, he has to give you the miranda rights, but if you are being questioned, and free to leave at any time, he does not.......

Answer 10

They won't tell you your rights because you won't talk. Once you talk, then they will arrest you, and tell you your right to remain silent. You don't have to be given your rights unless you are in custody. You have to prove that you did not feel free to leave during the questioning.