Are your rights required to be read during a traffic violation warrant for arrest? 19 Answers as of February 06, 2013

I have temporary plates because I had just bought the vehicle. I get pulled over because he said my plate had a fog of moister and he couldn't read it. Then he walks over and tells me my plate was good and everything checks out. He asked me my name, ssn, license and registration. Walks back to his car, comes back and says you have a warrant for a failure to appear in court for a traffic violation and arrests me. My rights were not read from the point of arrest, booking, and bail.

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The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
Your Miranda Rights are supposed to be read to inform you of your constitutional rights regarding statements you make after your arrest. So if you made any statements or provided any evidence after your arrest without your Miranda Rights being read then those statements could be precluded in trial from being used against you. However, the fact that you were not read your Miranda Rights does not dismiss the charges against you or negate the arrest that was made.
Answer Applies to: New York
Replied: 2/6/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
If you are arrested and they then want to interrogate you, then they have to read you your rights, otherwise they can just take you to jail.
Answer Applies to: Michigan
Replied: 2/6/2013
Steven Dodge | Steven Dodge
Your Miranda rights only have to be read to you if there is an interrogation conducted with the intent to use your statements against you. I would need a more complete description of the questioning before I could say if it was proper.
Answer Applies to: Michigan
Replied: 2/4/2013
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
Rights only need be read when you are interrogated after arrest. The purpose of reading someone their rights is to advised them concerning making incriminating statements.
Answer Applies to: California
Replied: 2/4/2013
Universal Law Group, Inc. | Francis John Cowhig
Although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest.
Answer Applies to: California
Replied: 2/1/2013
    Hamblin Law Office | Sally Hamblin
    You were not arrested for new illegal activity, but a warrant. The officer complied per what you stated.
    Answer Applies to: Michigan
    Replied: 2/1/2013
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    The "Miranda" warning concerning your right to remain silent does not need to be read to you at the time of an arrest. It is only necessary if you are in custody and the police want to take a statement from you that would be admissible in court later.
    Answer Applies to: Colorado
    Replied: 2/1/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Only id he is going to question you. It sounds like that wasn't necessary in this case.
    Answer Applies to: Washington
    Replied: 2/1/2013
    Gregory R. LaMarca, P.C.
    Gregory R. LaMarca, P.C. | Gregory R. LaMarca
    Your constitutional right against self-incrimination granted by the 5th Amendment, spawned the case of Miranda v. Arizona. Your rights need only to be read to you in the event of custodial interrogation. In other words, if the Police officer was not questioning you about the crime, no rights waring is necessary, however, he may question you about your pedigree information such as: name, DOB, SSN address etc.
    Answer Applies to: New York
    Replied: 2/1/2013
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    None of that was improper. Officers do not read rights before you are arrested.
    Answer Applies to: Utah
    Replied: 2/1/2013
    Simpson Law Office, PLLC | Alexander J. Simpson, III
    No. The familiar "Miranda Warnings" are really a rule of evidence. If the warnings are not properly given, then any statements you make while in police custody probably can't be used against you at trial. In the case of a warrant for failure to appear, the warnings are not necessary, because nothing you say after your arrest is relevant to the charge of failure to appear.
    Answer Applies to: Mississippi
    Replied: 2/1/2013
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    The police do not need to read your Miranda rights to you simply because they arrested you. The police only have to read your Miranda rights to you if you are subject to custodial interrogation.
    Answer Applies to: New Hampshire
    Replied: 2/1/2013
    William L. Welch, III Attorney | William L. Welch, III
    A failure to read a person his or her rights, which is also called a Miranda violation, only matters if the police ask questions, while the person is in custody, the person gives an incriminating statement, and the prosecution intends to offer the statement in evidence. Otherwise, it doesn't matter.
    Answer Applies to: Maryland
    Replied: 2/1/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    They did not need to be, there was a warrant out for your arrest, which is an order to the court for the police, if they have contact with you to arrest you and bring your to it.
    Answer Applies to: Michigan
    Replied: 2/1/2013
    LeadfootSpeedingTicket.com
    LeadfootSpeedingTicket.com | Andrea Storey Rogers
    The police don't have to read you your rights unless they want to question you while you are in their custody. It sounds like he had no reason to question you, so I'm not surprised that he didn't read you your Miranda rights.
    Answer Applies to: Missouri
    Replied: 2/1/2013
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Miranda rights must be given to someone who is subjected to custodial interrogation and provides inculpatory statements. You were not in custody when the officer questioned you, and there is nothing that you said that was inculpatory that could be suppressed.
    Answer Applies to: Texas
    Replied: 2/1/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    No. Rights only have to read after you are cuffed, and only if you are interrogated. It doesn't sound like your were either cuffed or interrogated. Most cops are trained to get everything they need from your mouth prior to arresting you, so Miranda rarely applies in a traffic stop.
    Answer Applies to: California
    Replied: 2/1/2013
    Law Office of Kevin C. Flesch | Lori Beck
    Miranda rights are to be read if you are in custody and are questioned. In this situation, if the officer found out that the reason for his stop was not justified, he should have just let you go.
    Answer Applies to: Colorado
    Replied: 2/1/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    They do not need to be. See an attorney. Regarding the extended detention and potential motion to dismiss.
    Answer Applies to: California
    Replied: 2/1/2013
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