Do the police have to read you your rights when they have a search warrant to search your house?

Question

I was at a friends house that was raided and at no time were my rights read. Not at the house not when put in police car and not when taken to jail

The search warrant was for drugs, I was under the influance. I was placed under arrest taken to jail for about 8 hours and my rights were NEVER read to me. Thank you for the answers

Answer 1

No. They only need to read you your rights before you are questioned even if you have been placed under arrest.

Answer 2

Miranda only applies to an in-custody questioning. Therefore, your "rights" only would be explained to you if the police intended to ask you some questions. In fact you can be arrested and put into jail without anyone telling you why you are there. Most states would provide for a hearing within 48 hours where you would appear before a judge and your charges would be explained to you. This isn't done very often. Normally, charges are filed quickly and you get served a copy of them right away. Some offenses are common and the police/sheriff has the right to set the bond and give you an appearance date.

Best to speak with a local attorney for detailed advice.

Answer 3

As to your arrest:

if searching and seizing the persons found at the residence were part of the warrant then no. the police have already signed a sworn affidavit to the judge showing probable cause to search the house and its inhabitants.
if searching and seizing the persons found were not in the warrant, then they would have to make a new probable cause determination at the scene. however, this does not require getting a warrant.
if you were not doing anything obviously illegal when they arrived, get a lawyer.

As to reading your rights:

if they never questioned you, then they need not read you Miranda warnings because it is only required in custodial interrogation. if no questions, then no interrogation

btw, taking you to jail constitutes an arrest

EDIT:
If you were under the influence of illicit and illegal drugs, and the drugs were everywhere, then that would provide the probable cause to arrest you and others there for conducting an illegal activity.
If they never questioned you, they do not need to read you Miranda warnings. Although popular culture and movies always show suspects being read their rights upon arrest, it is not required by the US constitution as interpreted by the US Supreme Court unless and until there is 'interrogation' or questioning.

Answer 4

If they have a search warrant it is exactly what the name implies. It's permission to search your house for a specific item(s). You are not being detained at that point and are free to leave if you choose. Now if they take you into custody or even attempt to question you then yes they have to read your Miranda first.

Answer 5

No, they just hand you a piece of paper (the warrant). The Miranda rights are only read when they arrest you.

If you voluntarily come down to the police station for questioning, then they don't need to read you your rights either. It's when they place the handcuffs on you and say "I'm placing you under arrest." Then they start reading the rights to you.

Answer 6

Are you under 18? Seems to me (pulling from memory, so if wrong someone please direct me to the case) that the Supreme Court has ruled that Miranda does not apply to teenagers.

You state you were taken to jail, were you charged with anything?

Let this be a lesson to you. Do not answer their questions without a lawyer, or a parent, present-ever.

My children are taught to say the following mantra: My name is _____, I live at ______, I want my mother and a lawyer as the answer to any and all police interrogations.

Answer 7

They MUST read you your Miranda rights before taking you into custody. No matter what they found, no matter what you did. If they did not read you your rights,you or your attorney can move to have the case thrown out. Also speak with your attorney to see if there is a basis for a counter-suit

Answer 8

Miranda rights are read when you are arrested, not searched. The search warrant is all that is needed to do a search. I don't understand why you were taken in if you weren't arrested.

Answer 9

i have heard that if you're arrested for a misdemeanor--they don't have to read you your rights but i don't know if that's true. they may have had you sign something saying that you knew your rights. i do not think they have to read you your rights to search your house since at that point, you haven't been arrested yet.

Answer 10

If they didn't read you your rights, you were not under arrest. You should have refused to go with them. I hope you have watched enough TV to know to keep your mouth shut.