In what instance does a cop have the right to arrest someone without reading them thier miranda rights?

CGIV76

All instances. Miranda warnings are read after arrest, and prior to questioning.

spag

I don;t have to read you your Miranda rights unless I am going to question you about something. To many people watching cop shows lately. You Miranda rights simply inform you that before I question you regarding a crime, you need to know a couple things like, you can have a lawyer present and you don't have to answer my questions. If I am not going to question you, I don't have to inform you about anything. I suggest you read Miranda vs Arizona for the specific details and you may have a better understanding.

steveninc2001

Custodial Interrogation

Tom M

If they are not asking you questions then they do not have to advise you of your rights. If, after the arrest, Detectives question you then you will be advised of your rights. If you are arrested on the complaint of a citizen there is generally no reason to question you.

California Street Cop

Its not a requirement by any law. You NEVER have have to have your rights read to you, just for being arrested and charged.

Its been asked 1000 times here. Do a second of research next time.

Christopher H

If you are an escaped felon they have no obligation to read you your rights. You have already been tried and convicted so evidence is not in question.

There may also be other situations where you have already been before a judge and are out on bail, and you attempt to flee that an officer may not be required to read you your rights again.

Lucianna

They have to read you your rights, it's the law. But they don't have to do it at the time of the arrest. They can wait until they get you back to the police station and read them then. They can read them to you in the car. As long as they're read to you after the arrest and before questioning, it's legal.

flintguy49

its just if they question you that they have to read you your rights.

Vindicaire

Miranda Rights have to be read under two conditions.
1) Police must be interrogating you (not just questioning).
and
2) You must be in custody.

hexeliebe

I am always amazed at the ignorance regarding this issue. Even after 35 years of legal practice people still get it wrong.

So, the answer to your question of does a cop have the right to arrest someone without reading them their miranda rights? the answer is yes.

Also, to the question you did NOT ask, they can even question a suspect whether arrested or not, without mirandizing them.

The ONLY issue with miranda is when the results of the questions will be used as evidence at trial. without waiving miranda and without the warning being given, the police can question anyone for anything for any amount of time but the answers are inadmissible as evidence under law.

Ga Prosecutor

Police Never have to read you your rights to arrest you. They only have to read them if they plan to question you after you have been taken into custody.

Jacob W

They only have to read you your rights before questioning you, not before or while arresting you. You can be arrested, handcuffed, placed in a patrol car, booked, photographed, fingerprinted all before you receive your Miranda warning. It is only when they decide to begin your interrogation that they are obligated to mirandize you.

However, if the police wish to question you on the spot where the arrest is made they will mirandize you then.

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icecreamboy121

they call them Miranda rights because cops arrested someone w/o reading there rights and they got off b/c they said they weren't aware of their rights. So yes they have to.

-ice out

*****

Never, if they arrest you, they have to Mirandize you immediately, or else anything you say is inadmissible in court.

tikizgirl

A cop can arrest anyone that they feel is suspicious. They don't have to read any miranda rights until they start asking questions. However, it's proper procedure to read rights after they arrest someone in case that person "talks." It's a formality....

You know what you're rights are. They shouldn't have to explain them to you. You're doing something to obstruct justice, it's their job to intervene.

saulg21

Actually here in Texas,law enforcement will detain you in handcuffs to prevent you from doing any further harm either to yourself or to others.Also,this is done to determine what hapened and who is at fault in disturbing the peace.They will inform you right there and then you're not under arrest(so they don't have to give you Miranda). BUT,if you resist while cuffed OR try escaping their custody,you WILL be placed under arrest.THEN,they have to read you your rights.

Toddles45342

none. in the U.S. they have to read you your rights.

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