Can a case be thrown out if ur marandan rights were not read to u when u were arrested?

sfpd

Your Miranda Rights do not have to be read to you UNLESS the police are questioning you. Anything you say voluntarily is admissible, as long as the police did not coerce you into answering it. For example, if you have NOT been mirandized and the officer says something likely to evoke a response like "Why did you kill her?" or "I can't believe what a monster you are!" THEN your statements could be argued as inadmissible in court. Ultimately though it is up to the judge to decide. It goes to the intention of the officer. If he/she was trying to get you to say something like "She deserved it," then it is likely to be inadmissible, but an officer does not have to read you your rights to engage in simple talk like your name, address, the weather, etc.

Basically, ASK FOR A LAWYER AND SAY YOU DO NOT WANT TO ANSWER QUESTIONS! Once you do that, BY LAW, ALL questioning MUST STOP!

foxfire

When you are stopped and/or arrested a Police Officer can ask you your name, address, ssn, DOB, etc...what is called pedigree information and no miranda has to be given. IF he/she begins asking you questions that are what is called "Guilt seeking questions" then yes, they have to advise you of your rights. If they do not ask those types of questions then a case won't be thrown out on this issue. However, cops should just do it all the time when they make an arrest just because it's an easy thing to do and once it's done, it's done until the defendent invokes their right to silence and want a lawyer. But I've made fugitive arrests or arrests on someone else's warrant and never advised Miranda because I didn't question the person.

cork

NOT LIKELY........

MORE TV AND MOVIES.............

Jack C

No.

If your Miranda rights were not read to you, any confession or incriminating statements that you made will probably be inadmissible in court.

spag

To many sea lawyers in this bunch. Go ahead, tell the people how it works. I always enjoy being told how someone will have my badge for not reading them their rights. It's obvious who's in law enforcement here.

t S

Miranda warnings about your rights in being questioned while in custody.
You can be arrested, and as long as they don't question you, they don't have to give the warning (technically). Or if you are not in custody, they don't have to give the warning.

So there is not automatic "get out of jail free" card just because the police didn't say the magic words as they were slapping the cuffs on you.

Blue Steel & Lace

No.
But anything you said before you were "Mirandized" will be inadmissible.

mikeysco

My goodness. So many answers, so many of them wrong. Nice to see a couple that are good, though.

Your question is poorly worded but taken very strictly, the answer is no. Just because you are not given a Miranda admonition at the time of arrest is no reason to "throw out" your case.

As some have already said, you must be *both* in custody and subject to interrogation about that which you are in custody for, in order to have Miranda come into play. If you are not both in custody and subject to interrogation, Miranda is not required.

If you are not given a Miranda admonition and you start running your mouth about all kinds of incriminating things, they will all be perfectly admissible in court unless the officer did something to elicit those statements from you. Those who have told you otherwise are wrong - if you voluntarily run your mouth, those statements are legally obtained and admissible in court.

Coconuts

you do not have to be given your maranda rights when you get arrested they only have to read them to you when they are going to question you. A reason they don't read them to you right away because anything you say on the way to the jail is considered a spontaneous statement and can be used against you also they don't want you to think about your rights that is why they give them to you right before you are questioned

richard s

No Miranda is not required at the time of a arrest unless you are being questioned. Any statements that you may make are considered a spontaneous utterance as long as you are not being questioned.

Only advise is contact a lawyer, but be careful cause they will take you to.

handyman

The Miranda Rights were started because of an arrest in the state of Arizona in the 60's. If you are apprehended or arrested by a police officer or any type of law enforcement officer, you must receive your Miranda rights. They do not administer them when they question you only, they administer them when they arrest you, as you might start talking and you can have your case thrown out on that technicality. This was talked and talked to us when we received our Shore Patrol training more than any other portion of the training. ANY TIME a suspect is arrested they must have their Miranda rights read to them. They tell you to read them, as a defense attorney might ask you how you gave them. Unlike the shows and movies, if you recite them, they might ask you to recite them in court and if they are not word for word, you could see your case thrown out on a technicality.
If you doubt me, contact an attorney who specializes in criminal law or ask your county or district attorney.

rjrmpk

Why ..oh...why can't people understand this basic leagl principle?

Miranda rights only apply if you are questioned. When you are arrested, cops don't have to Mirandize you. TV does that for effect!

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