A friend of mine was arrested.....Right or Wrong?

MikeGolf

There is no requirement to read somebody his/her rights until the law-enforcement officer decides to ask questions about any crime he/she is suspected of.

Sounds like you need to start hanging out with higher quality friends.

Mr. Smoothie, aka Mr. SmartAss

your buddy should have kept his mouth shut...you are wrong...he volunteered info before he was arrested on the first charge..

Jim C

This is a he said she said situation and the judge is going to believe the cop.

Combatcop

Two things trigger miranda. Custodial interrogation. Both must be covered. Your friend was in custody as he was in handcuffs in the back of a car. Interrogation is another matter. It is generally defined as any questioning with the intent of bringing charges against an individual (guilt seeking questions). If the question the officer asked was not in reference to a particular crime then it will probably be ok and your freind will be charged.

One thing TV has really done is cause people to mis-understand their rights. Just because you are arrested does not mean you need to be read your rights. Remember, do not listen to your drunk/stoned friends, you'll end up in jail. Go to the library and research the constitution and your local laws. Educate and protect yourself. It doesn't hurt to follow the law either.

Dont get Infected

what exactally was he arrested for? plus some officers dont read them their rights until they are put in the car. most people who are arrested should already know their rights... because the officer is usualyl the same person

lithium630

That is the number one argument by bar room attorneys.

UncleRico

You're WRONG.

Linda D

The only thing the police officer has to say to you is that you are under arrest and why. You don't have your Miranda Rights read to you until you go to court and are before the judge.
Your friend should have kept his mouth shut, to avoid the 2nd charge.
No matter how you feel, this is his problem to deal with - not yours.

elchistoso69

A person must be read their Miranda Rights upon that moment when criminal charges are being contemplated against him, and before being asked any questions that the answer for which might be incriminating. If the police didn't ask him any questions (other than biographical information), then they didn't need to read him his Miranda Rights.

If the police asked him about something else, and that something else was about an unrelated situation, then Miranda Rights are still not required. However, at whatever time the subject (your friend) says something that may be incriminating about that or any other crime, he must immediately be read his rights. If this is done, anything that was said prior to the rights being read is still admissable in court.

rukidding

Who says your friend wasn't read his rights? Your friend?! Yeah, and there are a lot of innocent people in prison who "weren't read their rights," either. C'mon! People who are being arrested will claim all kinds of things to get the case thrown out. Not to mention, that in this day and age when every kid can recite them from hearing them on TV, if your friend doesn't know his rights even before the police officer reads them to him, your friend must be an idiot or must have been living under a rock.

imnotaprepmorelikealoser

I was arrested for simple assault, and the arresting officer did not read me my rights, either. I asked a cop friend of mine wasn't they supposed to read people their rights if they were arresting them, and he said in some cases, no. Anyhow, my case ended up getting thrown out, I'm not sure if it was a product of not being read my Miranda rights or not though. Either way, I didn't have to pay court cost, fines, or anything. Actually I never even had to talk to the judge. I had met with my lawyer the morning of court, and told him the cop did not read me my rights and the other complaints I had with how I was done and he said I didn't have anything to worry about, I went on to court and 45 minutes later he told me I could leave! Hope the same thing happens for your friend, tell them to get a lawyer definately though!!

ldnester

Well, assuming that you and your friend are correct (if you saying this from his account), then right about where the officer didn't read his rights is where things went wrong. From my understanding, by law he had to have been read his rights and (though I'm only saying this from guesswork) asking him that unrelated question was... Well, I hope your friend has a good lawyer, because if so that cop will get his *** chewed up.

cwa

i am an officer and from what i am being told not taking sides officers or your friends but mistake by officer is the fact every person placed under arrest is mirandized if not then that leads to the case being throwed out

Mightymo

Right! His case should get thrown out because the officer didn't read him his rights.

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