Police always have to read you your rights?

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Police always have to read you your rights?
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Police always have to read you your rights?

My boyfriend was arrested for a drunk in public. He was in our apartment building yelling as loud neighbors at 2am. They did not read him his rights. Do they still have to? He wasn't drunk but did have a few drinks.
Additional Details
It was a $10 dollar fine it says on the paper. But in the total spot there isn't anything so we have to call. He will probably just pay it and not make a bigger deal.

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dude0795

Police only have to read your rights to you when they are asking you questions related to the crime and in these questions they are seeking answers that will aid in their prosecution of you.

So, drunk in public is an obvious crime they can detect with more than one of their senses and have no need to even include the arrested person in the investigation let alone ask him questions.

So to answer your question - no, it was not required to have his rights read to him in this arrest.

If there is a rule that in VA a miranda warning must be read on every arrest then it is a departmental policy and not law. Federal case law takes precidence over all states' rules or policies. A state can demand the rights be read on every arrest but it will not negate the case if they are not.

stung4ever

No.

Not being read your rights just means anything you say can't be used in court. It doesn't nullify the charges or anything.

eclecticcrab

No. This is a civil violation, not a criminal one. The Miranda ruling applies to persons arrested for violations of the criminal code

RA

Your rights are generally read to you as a formality, that way you can't say you don't know them. He is to have his rights told to him at different times and he needs to be able to understand them. So the police probably took him down, threw him in a cell til he sobered enough to comprehend what was happening.

tonalc2

Only when in custody and being interrogated.

fangtaiyang

No, he was arrested. He will go to trial.

i got haters

in va u have to be read ur rights before u r arrested or questioned. he should have been read his rights. maybe u didnt hear them read them. and he was probably too drunk to understand them anyway.

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