When a person is arrested, aren't his or her miranda rights supposed to be read to them?

CGIV76

They are read after arrest, and prior to questioning. If no questions are asked, then you don't have to advise the individual of their rights. They are told that anything they say voluntarily can be used as evidence.

proudmommy

First, that depends on whether or not law enforcement officers were required to read you your rights. Miranda warnings aren't required for every conversation between police and a suspect. Generally, Miranda warnings are required when you are interrogated in custody. Not all conversation with law enforcement is considered interrogation, and of course not all questioning takes place in custody.

Yahzmin (US)

The Miranda Rights are supposed to be given before questioning. If they don't question the person immediately upon arrest, they can read them their rights later, before they begin actual questioning.

"In the United States, the Miranda warning is a warning given by police to criminal suspects in police custody, or in a custodial situation, before they are asked questions relating to the commission of a crime. A custodial situation is where the suspect's freedom of movement is restrained although he is not under arrest. An incriminating statement by a suspect will not constitute admissible evidence unless the suspect was advised of his or her "Miranda rights" and made a knowing, intelligent, and voluntary waiver of those rights. However, police may request biographical information such as name, date of birth, and address, without first reading suspects their Miranda warnings."

http://en.wikipedia.org/wiki/Miranda_warning

Tim T

Nope. In many states, they don't HAVE to read you your Miranda rights.

If they simply arrest you and put you in the back of the car, and drive to the station, they cannot legally ask you ANY questions.

If you blurt out any information while you're in the car, and have not yet been read your rights, that information is fully disclosable in court because you offered the information freely without coersion.

When they read you your rights, they intend to ask you questions that my incriminate you.

If they choose to not ask any questions (figuring you might goof and offer up information without asking for it), they will avoid reading you the Miranda warning.

Davion2308

Not immediately. If a suspect is arrested and not Mirandized, they can say whatever they want and it 'should' have no effect as evidence in a trial, if it gets that far. But they don't 'have' to be mirandized.

Melz

Ive looked around and as far as I understood they had to, but this is what I managed to come up with from Wikipedia.

In the United States, the Miranda warning is a warning given by police to criminal suspects in police custody, or in a custodial situation, before they are asked questions relating to the commission of a crime. A custodial situation is where the suspect's freedom of movement is restrained although he is not under arrest. An incriminating statement by a suspect will not constitute admissible evidence unless the suspect was advised of his or her "Miranda rights" and made a knowing, intelligent, and voluntary waiver of those rights. However, police may request biographical information such as name, date of birth, and address, without first reading suspects their Miranda warnings.

The Miranda warnings were mandated by the 1966 United States Supreme Court decision in the case of Miranda v. Arizona as a means of protecting a criminal suspect's Fifth Amendment right to avoid coercive self-incrimination

Brandon C

no not techinally and it depends what they are being arrested for. you really only need to read them there miranda rights if you are questioning them about something deal to there arrest.

Stephanie

no, only when the officer questions them... nothing they say can be used against them in court before they've been advised of their rights...

when you get stopped by the police for speeding, you are technically "under arrest" but since you are no threat to yourself or others and you haven't committed a crime, you don't have to face a judge until later (hence, you're given a court date like a month away)

Naesen Y

No. The Miranda rights must be read before those who are arrested are questioned / booked. The Miranda rights do not, however, need to be read at the time of arrest (meaning they cuff em and take em downtown.) They simply must be notified of their rights before they are questioned.

Shortstuff13

The police don't have to advise you of your Miranda rights unless you are not free to leave & they suspect you of committing a crime, & want to question you. The police do NOT always have to advise you of your Miranda rights just because you've been arrested.

*billym....That was NOT a dumb question. What country are you from? Curious to know because you have the nerve to put down the USA.

MakayoKou

That depends on whether you're in the US or Canada.

If you're in Canada and you believe that upon arrest that they have to read you your Rights, you've been watching too much American Television.

Punjab 127

When an officer arrests some one suspected of a crime they do not have to read them their Miranda rights rigt away. Miranda applies to "custodial questioning." In other words when an officer wants to ask you specific questions concerning the crime he/she believes you committed they must read you your Miranda rights in order for your statements to be admissible in court. Miranda is not a required step in the process of arresting someone although it is a required step an officer must take before questioning can take place. See Miranda vs. Arizona

Kent N

Miranda rights only deal with questioning a suspect and being able to get an attorney. You have the right to remain silent. You have the right to have an attorney present while you are being questioned. If you cannot afford an attorney one will be appointed before any questioning if you wish. If you do not read a person his rights the only thing you can lose is being able to use a suspects statement. That is all. A lot of departments have a policy to read a suspect his rights but its not required if you do not want to take a statement from them.

wuxxler

You cannot pretend to know the law just because you watch a lot of TV shows.
As many others have said here, Miranda Rights are read only prior to questioning.
Miranda Rights do not protect the suspect, they protect the public. You already have the right to remain silent during questioning, you already have the right to have an attorney present. Miranda just states the rights you already have so that you can't say later, "I didn't know I was allowed to not answer", and rescind all the statements you made earlier.
If the arresting officer is not intending to question you right now, he does not have to Mirandize you right now.

mattm80@sbcglobal.net

You can be arrested without being read your Miranda rights, but you cannot be QUESTIONED without them being read. If they are questioning you about a crime then they have to read you your rights.

They can see you speeding or doing something that is a crime, and inform you that you are under arrest for X and do not need to read you your rights as long as they aren't questioning you about a crime.

embalmer7796

They only have to read you your rights if they are going to question you. They ask no questions, you get no Miranda rights. You may say anything you want to say when ever, but if they haven't asked you a question, what you say may be used against you. My advise is to keep quiet, and not say anything until they start aski9ng you questions.

Cutie

The Miranda rights are required only if the accused is in custody and going to be interrogated. Those two things are required. If its only one, the Miranda rights do not need to be said.
look up the actual case and learn about it. Its interesting.

Miranda vs Arizona 1966

Frank G

I see a lot of misinformed poor souls out there that watch too much TV. So here is the rule and a few examples.

A person MUST be read their Miranda Warnings if, and only if, they are in custody AND being interrogated.

1. A person is arrested and the officer wants to question them, the officer reads them Miranda, the person agrees to answer questions. The statements are allowed in court.

2. A person is arrested and the officer DOES NOT question him. Miranda is not required, the charge is not affected because no questions were asked after arrest so there is nothing to suppress.
*If the arrestee makes any statements that are not promted by the officer, they are admissable in court.

3. A person is arrested and not read Miranda. The officer questions the person and those statements are used by the officer to prove the crime. The statement will be supressed and charges COULD be dropped if there is no other evidence besides the statement to support the crime.

4. A person is arrested and not read Miranda. The officer questions the person and this leads to other evidence. The statements and evidence will not be allowed in court.

The bottom line is, if a person is arrested, Miranda is only required if the officer is going to interogate the suspect. A lack of MIranda being read will not lead to the charges being dropped if their is other evidence to prove the crime.

Miranda only exsists to protect a suspect from being forced or coerced into making a statement against himself.....Nothing More.

In the case of obtaining and holding a suspect for questioning....ABSOLUTELY.

In the US, an officer MUST "miranda" an arrested person in order so that the arrested doesn't get intimidated during questioning nor cannot incriminate him/herself in court by realizing that he/she CAN (constitutionally) remain silent and has right to counsel, and if a suspect can't afford counsel, one would be appointed by the courts.

There are different variations on how the Miranda Rights are read, by state and local authorities but EVERY arrested person must be read their Miranda rights. And, as the case of Ernesto Miranda (the person that these rights are named for), if a suspect isn't informed of his/her rights regarding their arrest, then their conviction can be overturned, based on the fact that the officers did not read the suspect the Miranda.

Spell Check !!

The cops can do what ever they want. How can some bum prove he didn't get his Miranda rights? Reading Miranda rights is just on cops where there's a camera rolling.

thefinalresult

If they are actually arrested they must be informed of their right to shut up.

In the major northeast city where I live no cop would ever forget this as the criminal defense attorneys would crucify them. Sometimes it's even recorded IN THE CAR to prove it was read and answered in the affirmative.

I don't think being picked up on a parole violation requires miranda. But they do where I live to play it safe. They carry cards in Spanish, Russian, Chinese and many other languages to read to them.

jennyáƒ¦

You have the right to remain silent...

Jane

I believe when they are arrested yes they are supposed to be read...but if they are just bringing them in for questioning they don't have to read them cause techniquely they aren't being charged with anything and are free to go,

NONAME

If they don't, You need to tell your lawyer.

pooh_bear_2020_99

Yes they're supposed to read them their rights otherwise the arrests that they make aren't supposed to be considered legal and the charges against the person dropped. I also think that the police force in question could be sued as well. As for getting away with it if it isn't reported then things can't be changed.

â˜†Zesteeâ˜†

I think as long as they read them their rights sometime during the arresting proccess either right when they slap the cuffs on or at the police station, it is considered legal.

first nation

Oh No! It's that time of night & we have the dumb USA asking dumb questions!!!!

r_moulton76

Yes, the rights are supposed to be read and the arrestee must indicate that he understands. Before formal questioning, this is usually put in writing.

If the cops are getting away with not reading people their rights, you must have some really stupid lawyers in your town, 'cause that's reason for dismisal of all charges.

AMAZING

yes! they are suppose to! how can they get away with it? they are the law! it could be brought to the attention of a lawyer that may want to fight it! i was arrested once that they didn't read me my rights but i wasn't indited by the grand jury! therefor i didn't need to get a lawyer! so waste money for one over the fact they didn't read any rights! because you cant get the time back that they were in jail waiting on bail to be posted! however a real good lawyer could get some money out of them for doing this! if it was proven that they dint ever read anybody their rights!

Lauren H

yes and if they weren't the person could get off on the charges due to his or her rights not being read!!

Nicole R

As far as I know your miranda rights MUST be read when you are arrested.

-HR Girl

Philth

If you are arrested because you have a warrant for your arrest, then no they do not have to read you your rights.

deb

my so was not read hes rights so it got suppressed but can they still get him for the stolen property he bought and wont tell them where he got it

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