When you are placed in handcuffs, are you under arrest?? Are you to be given a miranda warning when placed under arrest? No warrants were outstanding.
2007-11-13 05:03:01 · 17 answers · asked by shalarenne 1 in Politics & Government ➔ Law Enforcement & Police
The situation: You have been detained for shoplifting by the store security management....now how does miranda and under arrest apply???
2007-11-13 05:08:32 · update #1
Detained by store security...questioned by them....no lawyers present....police officers arrives....places suspect in cuffs...no miranda, no under arrest statement made....officer issues citation....can it be dismissed??
2007-11-13 05:15:44 · update #2
Okay here's how it went: Store security detains; calls police. Police show up. Place suspect in handcuffs after questions regarding incident are asked. Police officer does not tell suspect they are under arrest; does not read miranda warning; questions have already been asked without miranda. Officer takes suspect out of store in handcuffs, does not say under arrest. Puts suspect in back of police car. Calls suspect PO. Still no miranda. Officer writes citation for Theft II. Officer does not speak with PO. Officer removes handcuffs and releases suspect with citation. No miranda and no under arrest statement. Citation gives court date and time for arraignment. Through entire episode, no miranda or arrest statement were made. So.....are they necessary??
2007-11-13 07:07:39 · update #3
At no time was there ever an indication of flight or fight.
2007-11-13 07:08:49 · update #4
If a person is put in handcuffs aren't Miranda and "under arrest" statements necessary? - No. A person is not necessarily under arrest when they are placed in handcuffs. An officer will often handcuff someone to detain them when they are concerned the person is likely to run or fight. The Miranda warning is only required prior to questioning. You can be arrested and charged without the warning if you are not questioned. Questions to establish your identity (name, birth date etc) are not considered questioning for Miranda purposes.
Store security are not police officers. As such they have no obligation to read your your rights even if they place you under citizens arrest. In most cases they detain you and if the situation warrants have the police arrest you.
The police officer did not need to read you your rights as he did not question you.
2007-11-13 05:06:01 · answer #1 · answered by davidmi711 7 · 7⤊ 0⤋
This is a qreat question, and unfortunately most people don't understand this part of the law. First of all, An officer doesn't have to say "you are under arrest" if you ever are... That's just something you see a lot on TV. In the real world we just cuff you, take you to jail, and give you a copy of the charges against you.
Secondly, as far as Miranda goes... the law states that a person must be read thier miranda rights before any "custodial police interogations" take place, IF the police plan on using those statements made during that time against you. If I don't need a confession from you to convict you of the crime I NEVER need to mirandize you.
I guess to simplify things, in your case you weren't mirandized because the police didn't need any statements from you to charge you with the crime. The whole thing was probably got on camera so they already have all the evidence they need.
Also -- Miranda only applies to police officers, not security or loss prevention personel. So they can take you to a back room, and question the crap out of you before the police arrive and then they can give your statements to the police and you would never have had to been mirandized.
2007-11-13 10:12:48 · answer #2 · answered by robertcroach@sbcglobal.net 2 · 0⤊ 0⤋
Wow, I can not belive how many people on here went to police training or are lawyers. Miranda only applies if own is in custody (not free to leave) and is being questioned. There is however a line where one feels that they feel thay are not free to leave even if they are not in handcuffs so your question can elimininate itself. For instance if I surround a person with officers do they feel like they are free to go? Even if I say they are free to go. If I start to question about the specifics of the crime a good defense attny. Will attack that point even if the person is not in cuffs. On the flip side. If I see a video tape I won't even ask the person a question. I'll take over custody and simply transport to county jail. I have what I need on the tape. Or if the store security found items. I have the recovered items found on the indiviudal after they crossed the last point of sale. Why would I ask questions? I don't need to hear lies. And, yes if an officer feels the likelyhood of fight or flight an individual may be placed into handcuffs.
2007-11-13 05:39:26 · answer #3 · answered by wfsgymwear 3 · 0⤊ 0⤋
Nope, they do have to read you your rights, but whenever they feel like it. Demanding that you be read them, or demanding a lawyer, or refusing to speak to the police are big no-no's. They basically tell the police that you won't cooperate and that you are hiding something. If you are arrested, you will be read your rights (otherwise your testimony is not admissible in court).
I was told by a police officer that statements you make prior to being read your Miranda rights have less weight and credence than statements made afterwards, I don't know how true that is.
I was arrested, my rights were read about an hour after it happened, after a lot of questioning. Since I cooperated, the police didn't use anything against me, and after being read my rights they had no additional questions.
2007-11-13 05:09:42 · answer #4 · answered by Pfo 7 · 1⤊ 2⤋
Store security cannot arrest you they can only detain you until the police get there therefore they do not have to give you your Miranda rights When the police arrive they must issue the Miranda rights
2007-11-13 05:17:04 · answer #5 · answered by Wildroze 4 · 0⤊ 1⤋
No you may or may not be under arest. Also some police are not reading your miranda right, because they claim everyone knows them. This has held up in SOME states in court. When approached for questioning always ask for a lawyer, under arrest or not. Name, age, dob, lawyer.
2007-11-13 05:07:22 · answer #6 · answered by tone 6 · 2⤊ 1⤋
Did the police ask any questions after you were in custody?
What statements made to the police could be used against you in court?
2007-11-13 10:29:07 · answer #7 · answered by JAMES11A 4 · 0⤊ 0⤋
Reading Miranda rights is absolutely necessary. Otherwise the judge can throw out everything.
2007-11-13 05:18:26 · answer #8 · answered by reg 5 · 0⤊ 1⤋
You were detained by security and then cited by police. No arrest was made.
2007-11-13 05:34:21 · answer #9 · answered by Raymond 6 · 1⤊ 0⤋
No.
Only if being questioned in reference to the supposed crime by an officer.
Cuffs can be used if the officer can articulate the need to do so for his or for the persons own protection.
2007-11-13 05:08:10 · answer #10 · answered by Robert S 6 · 4⤊ 0⤋