Can a 16 year old be arrested, searched, questioned, booked and fingerprinted, all without being read the Miranda rights? 11 Answers as of July 11, 2014

I am 16 and it happened on my birthday and arrested for entering unlocked cars and taking items.

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Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
Miranda is only necessary if the officer is going to question you. I would need to know more facts about your situation; however, braking into cars (even unlocked) and taking things that don't belong to you is pretty stupid. Each incident could constitute a felony.
Answer Applies to: Washington
Replied: 7/11/2014
Michael J. Harris, Attorney at Law
Michael J. Harris, Attorney at Law | Michael Harris
Being arrested, searched, booked, and fingerprinted depends on probable cause, not Miranda rights. Being questioned without Miranda is allowed before you are arrested. Miranda is required before questioning after arrest. Statements made in violation are subject to suppression. You need a lawyer with experience with motions to suppress. These are serious charges, even as a juvenile. They could keep you from getting into college, cost you scholarship opportunities, prevent any chance of joining the military or having a gun or other weapon for the rest of your life, and cost you many jobs.
Answer Applies to: Colorado
Replied: 7/11/2014
Michael Breczinski
Michael Breczinski | Michael Breczinski
If you were already under arrest when you were questioned, then they can't use the statements against you unless they read you Miranda.
Answer Applies to: Michigan
Replied: 7/11/2014
Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
Yes you can be arrested. The failure to admonish the Miranda rights will no stop an arrest or criminal prosecution. The failure to Mirandized means that your statements to the police may be suppressed.
Answer Applies to: California
Replied: 7/11/2014
Law Office of Robbi Abrams Cook
Law Office of Robbi Abrams Cook | Robbi A. Cook
The police can interrogate a sixteen year old (or an adult) after an arrest, and act upon the knowledge gained, but may not use that person's statements to incriminate him or her in a criminal trial if they failed to advise the person of their Miranda rights prior to the interrogation. So any statements you made in response to their questions may be inadmissible at trial.
Answer Applies to: California
Replied: 7/11/2014
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    Yes. Miranda is widely misunderstood. Your Miranda rights do not need to be read to you unless police and prosecutors intend to use statements you make to them against you in court.
    Answer Applies to: New York
    Replied: 7/10/2014
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Miranda only has to be read if there is post-arrest interrogation. Most cops are trained to get everything they need out of your mouth "prior" to cuffing you, so Miranda rarely applies.
    Answer Applies to: California
    Replied: 7/10/2014
    Simpson Law Office, PLLC | Alexander J. Simpson, III
    Yes. Miranda is a rule of evidence, not a "Get out of jail free" card. All Miranda means is that if you are in police custody and being interrogated, the police cannot use any statements you make against you in court unless you are given the Miranda warnings first. In many cases, there is ample evidence to convict without any need to use any statements you might have made. For example, if one or more witnesses saw you commit a crime, their testimony can be enough to convict, regardless of anything you did or did not say.
    Answer Applies to: Mississippi
    Replied: 7/10/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Generally yes, however I would have to have the details determine whether or not the interrogation was proper.
    Answer Applies to: Michigan
    Replied: 7/10/2014
    MatthewR. Schutz, Esq | Matthew R. Schutz
    Yes and No. The police are allowed to question folks. Your rights attach at the point you are under arrest. That means at the point you are not free to go.
    Answer Applies to: New Jersey
    Replied: 7/10/2014
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Yes, Miranda rights only have to be read if you are arrested and the police want to interrogate you or ask you incriminating questions. Contrary to popular myth, the police do not have to read your Miranda warnings simply because you are arrested.
    Answer Applies to: Michigan
    Replied: 7/10/2014
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