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Do the police have to read you your Miranda Rights when they put you in handcuffs and take you to jail?
Wiki User
∙ 6y ago
Not necessarily A police officer need only advise you of your Miranda rights if you are "A" in custody and "B" prior to asking you any questions that may solicit incriminating responses. It is a misconception that police officers must advise you as soon as you are placed in handcuffs. They have to be questioning a person in custody before Miranda applies.
Wiki User
∙ 14y ago
Wiki User
∙ 6y agoNo, they do not. There are three elements that must be present for the Miranda Warning to be required.
- A Law Enforcement Officer
- A detainment
- Incriminating questioning
The Law Enforcement Officer requirement is to protect private security. Private security (wal-mart security, mall cops, etc) have the ability to both detain and question you withoutreading you the warning.
The second requirement is detainment. In general, detainment means that you are not free to leave. This means that if you consent to the questioning, by a law enforcement officer or otherwise, the warning is not required.
The third, and often most forgotten, element is incriminating questioning. If a law enforcement officer is not asking questions in which the suspect could incriminate himself, the warning is not required.
For the court to require the Miranda Warning, all three elements must be present.
Regarding your specific question, element three is not present, so the police would not be required to read the Miranda Warning.
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What work uses handcuffs?
Police and jail people
How do you get handcuff in Poptropica?
you talk to the police at the jail in super hero island then the lady will give you handcuffs. these handcuffs will help you catch the super villians. hope this helps
How do you know when you are under arrest?
THINK. The police or sherrif will tell you - right before they put the handcuffs on and take you to jail.
Who was Ernesto Miranda?
Ernesto Miranda was a man who was almost forced by police to incriminate himself in his confession. This created what is called the Miranda rights, where all law enforcement officers must read an arrested person his/her rights, or mirandize them. If the suspect has not been mirandized, they can not be sent to jail or prison.
Can a officer arrest someone without reading their rights?
Yes. Miranda rights are not required to be provided upon arrest. Miranda rights will be provided prior to Police asking questions which could elicit an incriminating response. For example: you can be arrested for shoplifting, taken to a jail, fingerprinted and photographed. At no time do Police during the above described process have to question you about the crime you are suspected of committing, therefore Miranda is not required. Once Police ask you what you shoplifted, how you did it, who you did it with, etc, must Miranda rights be provided. Movies and TV portrays Detectives as slapping the cuffs on a bad guy and immediately reading them their rights. This provides a false reality to the general public. In actuality a suspect is usually notified why they are being arrested, but not always, and transported to a jail or to Detectives for questioning.
Do police have to give Miranda warning in Wisconsin after they arrest you and take you to jail?
No. Miranda is only given if you are in custody AND they are going to interrogate you.
Is the arrested person by police in police custody?
Yes. If you are arrested by police, you are then in police custody. Custody can simply mean a few minutes in handcuffs, or days in jail, but during that time, the police are responsible for your health and welfare.
Where is the special handcuffs in the super power?
All you need to do is go to the woman at the county jail (swim were it says police line) and talk to her. Simple!
What can the police do if they ask parents to bring in our son for questioning but you do not?
You will have to come in to talk to the police or they will like go to your house for questioning. There is really no way you can ditch the police. They got the rights to put you in jail or custody.
Did Miranda Cosgrove go to jail?
No. Miranda cosgrove did not go to jail. If she did, there would be no new Icarly episodes.
Can the police put you in jail for not giving them information about where you got drugs from?
The POLICE can not put you in jail for not giving them information. You have rights to keep quiet about anything you want to. These are often referred to as 'Miranda Rights'They are required to give you a warning about these rights before they ask you any questions concerning a crime.They have a few regulations against drugs though.. and will try to arrest, intimidate, and enforce these regulations upon you.I'd say you were being intimidated to give them the answer to something they would like to know, namely the so-called 'dealer' you got some drugs from.You have the right to remain silent.. you can choose not to answer any question, that anyone asks you, including the POLICE.
Can police go to jail for getting friendsand relatives out of jail time crimes?
yes, because their relatives should be in jail if they get out of jail by a police its a crime
