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Does a police officer have to read you your rights if he arrests you and take you to the police station?
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Does a police officer have to read you your rights if he arrests you and take you to the police station?



    




Steven C
Rating
Not when you are arrested but only if and when they ask you questions on a FELONY.


lametorg
Rating
Nope. You watch too much TV.

The Miranda warning only applies if you are in custody AND being questioned about the alleged crime in question. It has nothing to do with the actual arrest.


El Scott
Only if they take you in to custody (i.e. arrest you) and question you about a crime. Both of those have to be present for Miranda to be required.

It's a common misconception.


Kevin
Rating
You only have to be read Miranda Warnings before questioning if you are arrested or detained.

You can be arrested, taken to jail, and incarcerated without being read Miranda if you are not questioned.


trooper3316
Rating
Not all the time.

Two things have to occur before you are entitled to your rights. First of all, you need to be in custody. Second of all, the questions asked have to be asked in order to solicit an admission to a criminal act.

If he just takes you to the station, and asks basic questions such as booking information, rights are not needed.

Also, if he runs into you on the street, or comes to your house, and questions you about a crime, you are not in custody and your Miranda rights don't apply.

If he is quesitoning you about a non-criminal matter, then it doesn't matter if you are in custody or not, Miranda doesn't apply.

You can search Miranda v. Arizona for more info.


Wilkow Conservative
Miranda requires that you are read your rights before questioning, if you are never questioned then legally you do not have to be read the Miranda Warning. And that means before you are questioned, if you volunteer information there is no Miranda violation. Read Miranda v Arizona at any of the links below


California Street Cop
No. Only if you're in custody and interrogated about the crime and those statements will be used in court for your prosecution.

Otherwise we don't have to warn anyone of jack squat.


mbafromuiu
Rating
No, but he cannot ask you any more questions until he has read you those rights. In other words he can place you under arrests, then hall you to jail, and as long as you were not questioned until someone read you those rights.

Now then he can ask you questions, called fact finding, and based on your answers place you under arrest. But those questions and answers are not submittable as evidence. typically after you have been read your rights those same questions will be re-asked and your corresponding answers entered into evidence.


Golden
Rating
nope. reread the first post. he got it spot on.

actually, there are even exceptions to that rule. if they can prevent an immanent crime they can delay miranda.


walterknowsall
Rating
no your rights have to be read to you before questioning only.


christina h
Well that depends. some will tell you they have to when they arrest you and some will tell you its when they charge you with a crime. If they arrest you they should read you you're rights though.


Peter
Lol of course. Didnt you learn something about that in law class. The police officer must tell a person their rights. Havent you heard of the " You have the right to remain silent..." and it goes on, but to put it bluntly. yes.


JM
Rating
Yes - it is how the whole Miranda law came about. A guy named Miranda (last name) wasn't read his rights and his conviction was thrown out. It was a supreme court case.


Brian D
Yes.





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