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Does the law still stand on giving miranda rights upon arrest or not valid anymore?
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Does the law still stand on giving miranda rights upon arrest or not valid anymore?

Do police officers have to read you your rights or not ? I was informed that they do not have to read you your rights anymore. Is this really true?


    




RJ
The only time when a police officer is legally required to read you your Miranda Rights is AFTER you have been arrested, IF they intent to question you. If you have not been arrested, and they are just asking you questions about something that happened, then they do not have to read you your rights. If you have been arrested and they are not trying to question you, they do not have to read you your rights.

If you have been arrested and the police officer has not read you your rights, then anything he/she learns from that questioning will not be allowed in court. It is possible that the officer may try to lie and say they did, but most interrogations nowadays are recorded, either on video or at least on audio. And many departments require the officer to have a signed statement saying that you have been read your rights, understand them, and choose to talk.

Of course, if you've been arrested, the officer is not questioning you, and you blurt something out about the crime, you're just screwed. It's called "spontaneous utterance" and will be allowed in court.


tgace
Alright..education time.

The Miranda warning is given to criminal suspects in police custody before they are asked questions relating to the commission of crimes. All miranda is really needed for is when the cops want to ask you questions about a crime you were involved in and use those statements in court. Miranda only applies if you are in custody. If you are free to leave at any time they dont need to read them to you.

Police may request biographical information such as name, date of birth and address without reading suspects their Miranda warnings. Any confessions or statements given in response to police questioning will not be admissible evidence unless suspects have been made aware of and waived their "Miranda rights". However..if you start yapping in the back of a police car when the cops arent asking you anything, those are "spontaneous admissions" and they can be used against you.

Not reading miranda rights doesnt invalidate the arrest or get you off the hook.


forbidden_planet
Rating
Yes, they still have to inform you of your rights. Miranda has not been overturned. Don't get legal advice from whoever told you that!


class4
Rating
Miranda Rights is more valid than ever


TradeMark
Rating
im pretty sure its still valid


sexxymexxy926
Rating
Miranda rights are only required when you are being detained and not free to leave and are being asked accusatory/incriminating questions. So if you voluntarily go to the police department and they let you know during an interview that you are free to leave at any time, then no, they are no required.


blessed_thang
Rating
Recent rulings of the Supreme Court have shifted the Miranda Rights to a viewpoint that the rights are preventative safeguards rather than protections mandated by the Fifth Amendment privilege. Questions still to be answered is if a prisoner has to be read the rights while being arrested in prison (he's already heard them to be where he's at).

But, if a criminal confession is volunteered before the Miranda Rights are enumerated to the accused, the courts have allowed the confession to stand as evidence without any supposed violations of constituional rights, in recent cases.


yo_momma_is_sweet
Rating
Oh, this is great.

Miranda has to be given if you're taken into custody and going to be questioned.

http://usgovinfo.about.com/cs/mirandarights/a/mirandaqa.htm


patti p
The law still stands , but try proving it You say they didn't, they know they didn't , but they say they did, and to the judge the cop's word is like gospel.


Fred Flintstone
Yes, but don't worry, the Bush administration is working hard to get rid of that pesky and antiquated "civil right". After all, soon you won't be entitled to a lawyer so why will you need Miranda rights anyway? Plus, everyone knows that the government never makes mistakes and therefore everyone arrested is guilty. And if they're all guilty then things like Miranda rights and lawyers and trails aren't necessary, really just a waste of money that could be better spent invading more countries.


Kim Y
Rating
They are still in effect and probably will be forever and it is a good thing


jewingengleman
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Yes


fr_chuck
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The police never had to give them when they arrested someone, that is just TV cops,

In real life you only have to read them thier rights when they are a suspect or if they are in custody and you are going to question them.

If you don't need to ask them any questions, you have all the evidnece you need, you can arrest them, book them, have them read thier charges, and have thier trial and convict them and never read thier rights to them, if you don't question them at all. ( now that seldom if ever happened) But when the officer arrests them, if they question them, they have to read thier rights, but normally if arrested, ( esp on warrant) they are just arrested, and the officer brings them to jail, and then dectitives will read them thier rights ( actually have them read them and sign a paper) and then question them at the station.

Next if a person is just questioned at a crime scene and no one is a suspect yet, the rights don't have to be read.

So it has not changed, but many people just have misunderstood it.


quickquestion
Rating
well if they dont you have the right to sue because thought we all know the miranda rights the are obligated to read them to you

WARNING OF RIGHTS
1. You have the right to remain silent and refuse to answer questions. Do you understand?
2. Anything you do say may be used against you in a court of law. Do you understand?
3. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
4. If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
5. If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
6. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

As the Public Defender for the Twentieth Judicial Circuit it is my advice to you that, in the event you are ever put into the situation to have a law enforcement officer read you your rights, you immediately inform him or her that you do not wish to speak to them, or make a statement, without an attorney present. By law, at that request, they are not allowed to question you any further.


coragryph
TomG is correct.

The rights apply during custodial interrogation. While an arrest is custodial, it does not always count as interrogation.

So, if the police arrest you, and neither question you nor listen to anything you say, Miranda doesn't apply because there is no interrogation.


taalyn_1
Rating
I believe they still do.


babo1dm
Rating
Yes if they don't advice the Government of that


deathangel1976
Your Miranda rights still have to be read if you are going to be undergoing a custodial interrogation. They DO NOT have to read them to you the second you are arrested. If they question you without informing you of your rights, then anything you say cannot be used. Most police forces issue the Miranda warnings upon arrest to make sure they are not overlooked later, kind of a C.Y.A. manuever, but by law they don't have to inform you unless you're questioned.


slicktop80
Rating
You have to give Miranda warnings to someone you are going to question in relation to them being a suspect in the commission of a crime. Routinely, the Miranda warnings are given to anyone that is arrested just to make sure that any answers they give you are not thrown out on a Miranda violation.


Wayne A
Rating
you must be advised of your rights WHEN you are being arrested.

If they are merely questioning you (before they arrest you), they don't have to have read you your rights then. And they CAN use what you say then. .

it is only when they are actually placing you under arrest that they have to read you the Miranda rights.

Only after that do they apply.


shoe lace
i got pulled over and the cop never new i was drinking in till he found a beer in my passenger legs took me out did 3 test the he breath alyzed me 3 times i read ,12 and i admitted to drink and said the beer was mine but he never read me my rights





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