Can I just be read the Miranda Rights on the station and not on the arresting place? 16 Answers as of March 11, 2013

If a officer pulled me over in Jackson county, when the officer was from Shawnee county and arrested me at 10 am and did not read me my rights until they took me to the station for questioning and when I said I wanted my lawyer, they then proceeded with threatening and manipulating me?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
He did not have to read them until he wanted to question you are the arrest.
Answer Applies to: Michigan
Replied: 3/11/2013
William L. Welch, III Attorney | William L. Welch, III
Unless the prosecution intends to use a statement that you made in response to police questioning and while you were in custody without having been read your Miranda rights, then the violation doesnt matter. All of the preceding conditions have to be Matt, in order for a judge to rule on whether to exclude only your statement from evidence. Even if there were a Miranda violation, the prosecution may still use other evidence that it obtained against you lawfully.
Answer Applies to: Maryland
Replied: 3/8/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
The police only have to read Miranda Warnings if they question you while you are in custody. You should never talk to the police for any reason without a lawyer present.
Answer Applies to: New York
Replied: 3/8/2013
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: 3/8/2013
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
The police do not have to read you your Miranda rights upon arrest, only when you are in police custody and they wish to start questioning you. That sounds like what happened in your case so I wouldn't see a problem with it. Of course, if there is additional information that you have left out, that opinion could change. There wouldn't be a problem without reading you your Miranda rights anyway unless you happened to say something incriminating. The misconception about Miranda warnings is that a violation results in the arrest being invalid which simply isn't true. Miranda only applies to incriminating statements and sometimes evidence obtained from those statements, but never to the arrest itself.
Answer Applies to: Michigan
Replied: 3/8/2013
    Randy M. Lish, Attorney at Law | Randy M. Lish
    Unless the prosecutor is going to use evidence obtained through questioning, that could not have been obtained another way, nothing it doesn't matter.
    Answer Applies to: Utah
    Replied: 3/8/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    That's what Miranda rights are for. He does not have to read them to you until he starts to question you. Sounds like he complied.
    Answer Applies to: Washington
    Replied: 3/7/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    That's legal. Rights don't have to be read to you until you are cuffed and only right before the interrogation at the station begins.
    Answer Applies to: California
    Replied: 3/7/2013
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    That's standard practice. Miranda rights are not required to be read when you are arrested. Smart cops never read them the moment they arrest someone. That's television. Miranda warnings are only required if/when (1) you are in custody and (2) they ask you questions that may prompt incriminating responses.
    Answer Applies to: California
    Replied: 3/7/2013
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Miranda rights need only be given after an arrest and before interrogation.
    Answer Applies to: California
    Replied: 3/7/2013
    Henry Lebensbaum | Henry Lebensbaum
    The rights must only be read before a custodial interrogation.
    Answer Applies to: Massachusetts
    Replied: 3/7/2013
    The O'Hanlon Law Firm, P.C. | Stephen O'Hanlon
    In order for Miranda to apply, there must be custodial interrogation or similar. What did you confess to?
    Answer Applies to: Pennsylvania
    Replied: 3/7/2013
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    The police only have to give the Miranda rights before questioning.
    Answer Applies to: Rhode Island
    Replied: 3/7/2013
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    That is unlikely to affect your case. You said the officer did eventually read you your Miranda rights and it happened before you were questioned.
    Answer Applies to: Utah
    Replied: 3/7/2013
    Law Offices of Laurie A. Schmidt, P.C. | Laurie Schmidt
    Two things trigger Miranda rights: 1. Custodial (you are not free to leave) 2. Questions tend to illicit incriminating information. Without anymore information, it is difficult to say if your Miranda rights were or were not violated. Typically, officers are allowed to ask questions during a routine traffic stop as long as the brief detention is not unreasonable. Miranda violations are very fact specific and turn on the details and circumstances of the stop.
    Answer Applies to: Colorado
    Replied: 3/7/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You might get any statement you made suppressed. That is a might. Hire counsel.
    Answer Applies to: California
    Replied: 3/7/2013
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