When does an officer have to read the miranda rights? 7 Answers as of May 10, 2013

Me and my friend are arguing about when you have to be read your Miranda rights. I say that you have to be read only before interrogation otherwise its illegal to use in court. They say whenever you arrest someone you have to read them.

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John Russo | John Russo
Only after you have been formally arrested so if you are stupid enough to talk to the police before they handcuff you or put you in the back seat for the drive downtown then you have a problem. But, with that being said, you folks live in a vacuum the 4th amendment is gone it is no longer viable, along with the 5th and 6th, and the 8th is now under attack, but keep fighting for the 2nd you need your guns to protect the rights you no longer have. Miranda warnings that's funny, most police believe that the constitution is a ship that goes up and down the Charles River once a year in Boston for the 4th of July. They claim they Mirandized you , you say no way, guess who the judge believes 99% of the time. Every time you allow an exception to be carved out of your rights you loose, no matter what it is. So the next time you see an American Citizen being denied a constitutional right, only because of the crime and people come out waving the flag and chanting USA, remember the right that you believe that person should not be afforded has now created an exception to constitutional protections, and that it does affect you down the road. A simple fact, ever Hear people say why should they be afforded their rights what about the victims rights, you have heard that correct? Well those founding fathers everyone is so fond of invoking to bring a tear to our eyes, those guy's, they were all criminals in their time and if they had failed they wound have been charged with treason, as good old Ben Franklin once said to all his friends, " We must now hang together for better or worse, or we will surly all hang together". They new better then us that to much power in the government could be a potential recipe for abuse, so our rights were the trade off, to keep the government honest, no crime no matter how terrible you may believe it is should be the exception to someones rights. If they are guilty they will pay, we should not have to sacrifice our rights at the alter of expediency!!
Answer Applies to: Rhode Island
Replied: 5/10/2013
WARM SPRINGS LAW GROUP | Elliott D. Yug
Before interrogation.
Answer Applies to: Nevada
Replied: 5/10/2013
Correia-Champa & Mailhot
Correia-Champa & Mailhot | Susan Correia Champa
If you are a suspect in a crime and you are not free to leave then they are required to advise you your Miranda warnings. Likewise, upon your arrest they are required to advise you of your Miranda warnings.
Answer Applies to: Massachusetts
Replied: 5/10/2013
The Law Offices of Tres A. Porter | Tres A. Porter
Technically, you only have to be read your rights when you are an actual suspect. The debate is pointless. The best option is to ask the officer "Am I free to go?" If the answer is no, then the only correct response is "I have nothing further to say to you without legal representation" If the officer then says, which they frequently do "I am only doing a preliminary investigation, if you refuse to cooperate then I can charge you with obstruction of justice". You stick to answer No. 1. Police are trained in psychology courses and their goal is to get you to say what they want you to say to incriminate yourself. If they are asking you questions, unless you are without doubt only a bystander or witness, then they suspect you have done something. Don't open your mouth and make it easier on them. Things very quickly go from "just trying to find out what happened?" to you being a suspect and placed under arrest due to statements you made before you were a "suspect". Silence is frequently the best defense.
Answer Applies to: California
Replied: 5/10/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Before interrogation. It is good practice to do it at the arrest because questions can then be asked in the squad car.
Answer Applies to: Idaho
Replied: 5/10/2013
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