Do you have to be read your rights when you are arrested? 15 Answers as of November 25, 2013

Does it only apply when you are being questioned or do they have to do so no matter what?

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Cramer Cramer LLC | Aric Cramer
As long as the police do not question you, they do not have to read you your Miranda warning.
Answer Applies to: Utah
Replied: 11/25/2013
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: 11/22/2013
Hammerschmidt Broughton Law
Hammerschmidt Broughton Law | Mark A. Broughton
Prior to any questioning after you are "in custody," which is a term of art.
Answer Applies to: California
Replied: 11/20/2013
LeadfootSpeedingTicket.com
LeadfootSpeedingTicket.com | Andrea Storey Rogers
Police can arrest you without having to read you your rights. Police only have to read you your rights if they want to question you while in police custody and use your testimony against you in court.
Answer Applies to: Missouri
Replied: 11/20/2013
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
It only applies to questioning. Reading "the rights" is not a requirement of a valid arrest.
Answer Applies to: Minnesota
Replied: 11/20/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Miranda only has to be read after you are arrested (ie. cuffed), and only 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: 11/20/2013
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Yes but Miranda is only relevant to custodial interrogation
    Answer Applies to: Nevada
    Replied: 11/20/2013
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Your statement of rights (also referred to as Miranda rights) is a statement of your constitutional rights that police in the United States are required to give to suspects in police custody or in a custodial interrogation before questioned about a possible criminal incident. Custodial interagation happens when a suspect is questioned about a possible crime when the situation is one in which a reasonable person would feel he was not at liberty to leave. The Supreme Court of the United States ruled that an elicited incriminating statement made by a suspect is not admissible evidence in the prosecutor?s case in chef unless the suspect was informed of the right not to make self-incriminatory statements and the right to legal repartition, and makes a knowing, intelligent, and voluntary waiver of those rights. The prosecutor?s case in chef is the part of a trial before the prosecutor rests his case and the defense presents his case. The Miranda warning is not required to detain or arrest a suspect. It is a safeguard against self-incrimination as a right under the fifth amendment of the Constitution. If law enforcement officials do not read a person his rights they may still interrogate that person and act upon the knowledge gained, but may not use that person's statements or the evidence obtained from that knowledge to incriminate him or her in a criminal trial. However, if prior to his having his rights the suspect testifies to facts different from in his statements before his was read his rights; the statements can be used to show he may be lying.
    Answer Applies to: California
    Replied: 11/20/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    When you are being questioned.
    Answer Applies to: Michigan
    Replied: 11/20/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    I'm assuming you are talking about your Miranda rights. Despite the public misconception, the police do not have to read them to you every time you are arrested. They only have to read them to you is when you are arrested or in police custody (not free to leave) and they wish to interrogate you are asking questions. It's purpose is to protect the accused from making incriminating statements to the police. A Miranda violation will only suppress incriminating statements and possibly evidence that would not have otherwise been found but for those statements. A Miranda violation or a failure to give Miranda warnings will never ever invalidate an otherwise lawful arrest.
    Answer Applies to: Michigan
    Replied: 11/20/2013
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    Assuming you mean Miranda rights, they need to seek waiver only when they want to use the verbal fruits of truly custodial interrogation. If they don't want/need to use your statements,
    Answer Applies to: California
    Replied: 11/20/2013
    Catchick Law, PC
    Catchick Law, PC | Matt Catchick
    You do not have a "right" to be Mirandized. However, if the Police fail to Mirandize you, and if you make incriminating statements to them that are the result of something known as "custodial interrogation," then your incriminating statements can be suppressed. It does NOT necessarily mean the case is dismissed outright because of a failure by the Police to Mirandize.
    Answer Applies to: Michigan
    Replied: 11/20/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    They only have to read you your rights if AFTER ARREST they want to question you.? TV and movies usually get this wrong.
    Answer Applies to: Michigan
    Replied: 11/20/2013
    MatthewR. Schutz, Esq | Matthew R. Schutz
    You can assert your right to counsel at any point. Reading your rights attaches at arrest. Arrest is defined as not being free to go. So even if they don't say you are under arrest, if they detain you you are under arrest.
    Answer Applies to: New Jersey
    Replied: 11/20/2013
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    They only have to read you your Miranda rights if you are both in custody and being questioned. Otherwise it does not apply.
    Answer Applies to: Arizona
    Replied: 11/20/2013
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