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When arrested for possession of marijuana does the police officer have to read the Miranda rights to the arrested individual?
No, Miranda Rights do not have to be read during any arrest. Miranda Rights are required prior to an interrogation but have nothing to do with an arrest.
What if Miranda rights not given til hour after arrest?
As long as you are advised of your Miranda rights beforequestioning is begun it does not matter. Miranda rights are not about being arrested they are about what your rights are during questioning.
The case that established rights that are read at the time of the arrest was vs Arizona?
Miranda v. Arizona
Can Miranda be iniated after being held in custody?
Yes. Miranda need only be read prior to actual questioning, not at the incident of arrest. Contrary to what is shown on television, most people are not read Miranda rights at the time of arrest.
Informing suspects of their legal rights during an arrest procedure is required as a result of?
The U.S. Supreme Court case Miranda v. Arizona is the basis for the procedure of informing suspects of their legal rights during arrest. As a matter of fact, the reading of these rights is commonly called the Miranda Warning.
What is an example of Miranda rights?
When the police took the suspect into custody, they read him his Miranda rights. The Miranda rights are the national precedent for reminding a suspect of her rights. The supreme court's decision in Miranda v. Arizona led to the adoption of the Miranda rights.
What does a police officer in the US have to say and what difference does it make at the time of an arrest?
The officer has no specific words to say beyond informing you that you are under arrest. Occasionally you may be placed under arrest without ever being told. Many people wrongly believe that an officer must read a person their Miranda rights at arrest. This is not correct. Generally, Miranda rights are only necesary at the time of a custodial interrogation. If you are arrested and not questioned afterward then it is unlikely that you will be given Miranda rights.
How long can the police hold you under arrest before reading you your Miranda rights?
The Police in the United States are not required to read you, a Miranda warning before or after arrest - UNLESS or UNTIL they actually begin to question you about a crime you are suspected of.
What must police do at the time of the arrest?
In most cases the officer will inform you of the reason for your arrest and take you in to custody for booking. You may or may not be advised of your Miranda Rights at arrest but should be advised before your are questioned after arrest.
What gaurantees that a person will be informed of there rights when placed under arrest?
The supreme court case Miranda vs Arizona.
If the police take you to the station are you under arrest?
If they have not declared you 'under arrest', and read you your Miranda rights, then you are not under arrest, you are just in police custody. That would be a good time to consult your lawyer.Another View: (in the US) Whether you are told, "You are under arrest," or not, BELIEVE ME, if you are taken to the police station and are not free to decline the trip, you ARE under arrest.ALSO; You do NOT have to be read your Miranda Rights at the time of your arrest. You must only be advised of them PRIOR to the start of any questioning about the offense.
What is the definition of being arrested?
The law enforcement officer has to tell you that you are under arrest and they have to read you the Miranda Rights. If they have not told you that you are under arrest, they can simply have you "detained". If they have not told you that you are under arrest, and you are not in handcuffs, you are free to go.
