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Does the Miranda decision require the police personnel to advise a person of his or her rights at the time of arrest?
Wiki User
∙ 6y ago
While the arrestee USUALLY is Mirandized at the time of arrest - it is NOT absolutely required that it be done at that moment.
It is only necessary PRIOR TO the beginning of any interrogation. For example: You may be arrested - transported to the station house - placed in a temporary holding cell while the detectives get their information together or return from the scene - and THEN Mirandized at the time you are moved to an interrogation room.
Of course, if you are questioned on the scene, obviously you WILL/MUST be advised of your rights before that can be done.
Wiki User
∙ 6y ago
Wiki User
∙ 14y agono, it is not required until a person has been placed under arrest. remember your 4th amendment rights, no warrarnt no search. the exception to this is probable cause. a person can be handcuffed and detained while the search is going on for the protection of the police officer.
Wiki User
∙ 6y agoNo, the Miranda Warning and a search have nothing to do with each other.
The Miranda Warning is required before a custodial interrogation.
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What Supreme Court decision outlined the requirements of when the police must advise suspects of their constitutional rights?
Miranda decision
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The Miranda warning came about as a result of the decision of the United States Supreme court in the case of Miranda v. Arizona 384 U.S. 436 (1966). Ernesto Miranda was arrested by the Phoenix, Arizona Police Department for a rape that had occurred ten days earlier. Miranda signed a form indicating that he understood all of his rights, and then confessed to the crime. The court found that is was unlikely that Miranda actually knew he had a right not to talk to police, and reversed his conviction. Miranda was re-tried on evidence that did not include the confession, and was found guilty. After being released from prison, he was stabbed to death in a fight in a Tuscon bar.The Miranda decision imposed a requirement that persons who were being asked questions that could incriminate them and who were not free to leave police custody be formally advised of their right not to answer questions and to have the assistance of legal counsel (an attorney) during questioning. If a custodial interrogation takes place without the Miranda warning and a waiver of those rights, information from the interrogation is inadmissible at trial.There are numerous exceptions to the Miranda rule. Also, there is no requirement to advise someone of their rights per Miranda if they are not being questioned in a custodial setting.
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