Is an arrest valid if my Miranda rights weren't read to me? 14 Answers as of April 19, 2013

I was pulled over by an officer when I was driving within speed limit then was arrested due to driving on a suspended license. I did not know my license was suspended. I was taken into custody without being read my rights. Is that arrest valid? It is my first offense.

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Law Offices of Laurie A. Schmidt, P.C. | Laurie Schmidt
The officer only needs probable cause to believe you were committing a crime to arrest you. Miranda is a Fifth Amendment right to be free from self-incriminating statements, so most likely the arrest is still valid without being read your Miranda rights. You may have a 4th Amendment violation- which is your right to be free from unreasonable search and seizure. An arrest is a seizure. There is not enough information in your question to determine if your Fourth Amendment rights were violating. The only way to ensure your rights are protected and the officers were not acting outside their authority to retain a criminal defense attorney in your area.
Answer Applies to: Colorado
Replied: 4/19/2013
LeadfootSpeedingTicket.com
LeadfootSpeedingTicket.com | Andrea Storey Rogers
There is nothing illegal or invalid about the police arresting you in this situation without reading you the Miranda warning. The police don't have to read you your Miranda rights unless they are questioning you while in police custody and they want to use your testimony at trial.
Answer Applies to: Missouri
Replied: 4/19/2013
William L. Welch, III Attorney | William L. Welch, III
Whether an arrest is valid depends on probable cause instead of Miranda. Miranda only applies if the prosecution intends to introduce in evidence a statement that you made in response to police questioning and while you were in police custody all without being advised of your rights. Otherwise it does not apply.
Answer Applies to: Maryland
Replied: 4/18/2013
Law Office of Michael E. Dailey
Law Office of Michael E. Dailey | Michael E. Dailey
It can depend on the reason you were pulled over. The reading of your rights does not affect the validity of the arrest although it might have some influence on admissibility of any statements you made while being interrogated in custody.
Answer Applies to: Missouri
Replied: 4/18/2013
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
You bet it is. Miranda only goes to issue of the use of your statement, not your arrest or the prosecution of you for committing a crime. Stop watching CSI and similar shows for anything other than the drama.
Answer Applies to: California
Replied: 4/18/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Yes, its a valid arrest. Miranda rights are required before an officer can question you. If he is not questioning you then Miranda may not be necessary.
    Answer Applies to: Washington
    Replied: 4/18/2013
    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 you were arrested for an offense, that only happens on TV and in the movies. The police only have to read your Miranda rights to you if you are subject to custodial interrogation. Your arrest will not be found to be invalid.
    Answer Applies to: New Hampshire
    Replied: 4/18/2013
    Law Office of John G. Galasso | John George Galasso
    Everyone has this misconception concerning Miranda Warnings; These warnings apply only if you are in custody and the police want to question you about a crime; Merely giving your general information such as name, address, date of birth, do not apply; If the officer starts to ask you, for example about a robbery on the way to jail, then that would be when they would apply
    Answer Applies to: Ohio
    Replied: 4/18/2013
    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 mosy-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: 4/18/2013
    Kevin H Pate
    Kevin H Pate | Kevin H Pate
    Yes, your arrest was valid.
    Answer Applies to: Oklahoma
    Replied: 4/18/2013
    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 they are questioned about a possible criminal incident. 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 to not make self-incriminatory statements and the right to legal, and makes a knowing, intelligent, and voluntary waiver of those rights. The Miranda warning is not required for a person to be detained. It is a safeguard against self-incrimination. 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 the suspect makes 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: 4/18/2013
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