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It generally depends on your country.

Many countries do caution people during arrest and before questioning, but not all of them do.

This is called a police caution or, in some countries, the Miranda rights.

Countries in which law enforcement must caution suspects by law are:

  • Australia
  • Bangladesh
  • Canada
  • Any member of the European Union (EU)
  • England, Scotland, Wales, Northern Ireland and Ireland. And including all overseas territories owned by Britain (and as an EU member)
  • France (and as an EU member)
  • Germany (and as an EU member)
  • Netherlands (and as an EU member)
  • Spain (and as an EU member)
  • Hong Kong
  • Israel
  • New Zealand
  • Philippines
  • Switzerland
  • Thailand
  • Ukraine
  • United States
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Q: During arrest and before questioning defendants are usually advised of their rights - true or false?
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Related questions

During an arrest and prior to questioning defendants are usually advised of their Constitutional rights as enumerated in the Supreme Court decision of?

Miranda v. Arizona


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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.


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Which court case included the right to an attorney being present during questioning by the police?

Miranda v Arizona did not add any new 'right', it simply stated that a person had to be advised of rights already granted by the Constitution.


Is it legal for a detective to threaten a defendant with the defendants family and home during questioning?

Depends on the nature of the threat. "I'll go around and beat them up" or things like that is not legal. But "I'll search your house and impound anything in there that is stolen or bought with dirty money" is probably legal.


Is their a requirement for law enforcement in Miranda case?

Yes, in the event of your arrest, you should be advised of your right to maintain silence, your right not to answer questions, and the right to have an attorney present during questioning. You may waive these rights if you wish to, but once you invoke your so-called "Miranda Rights," law enforcement is enjoined from questioning you any further without legal counsel present. The courts have ruled that in certain minor infractions of the law (e.g.: certain minor misdemeanors, traffic infractions, ordnance violations) you need not be advised.


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