If you are arrested, meaning that a reasonable person would feel that he is not free to leave, a police officer must read you your Miranda rights IF he wishes question you and use your statements against you later. The police have no obligation to read you the Miranda rights if they do not wish to question you. The police can use things you say against you if you volunteer them without being asked.
Yes, a minor can be arrested without the presence of their parents. Minors have the same rights as adults when it comes to being arrested and going through the legal system. However, the police are generally required to notify the parents or guardians of the minor after the arrest.
A person reported you as a trespasser and the police arrested you for trespassing. Your best recourse is to contact the property owner and have them speak to the police and explain that you were permitted to be on the property and should not have been arrested. If the property owner would not have wanted you on the property, you are guilty of trespassing. If the police caught you redhanded, trespassing on the property, your best recourse is to plead no contest and be remorseful at your court appearance.
No, Sojourner Truth was not arrested. She was a prominent African American abolitionist and women's rights activist who fought for the rights of slaves and women during the 19th century.
It is more commonly known and referred to as "The Miranda Warning" which paraphrases an arrested defendants right to legal advice and/or the presence of lawyer prior to his interrogation about the matter they were arrested for.
In some situations, yes, the police can arrest a minor at home without their parents present, but they must follow specific protocols and have a valid reason for the arrest. Minors typically have the same legal rights as adults when it comes to being arrested.
It depends on which country you are in.
Under the supreme court case Miranda vs Arizona, in which it was declared that those being arrested are to be read their rights to them, including the right to remain silent and the ability to get an attorney. This can also be seen in the Fifth Amendment.
The Miranda decision of the Supreme Court was concerned with police informed the accused of their rights when they are arrested. They are called Miranda Rights.
There has to be another reason you were arrested other than "asking the police why they were searching your property" why were they there?
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.
The right to an attorney Umm, get arrested. There are no rights anymore. You have the right to say, "Yes, officer," and anything outside that will earn you a world of hurt. I worked in law for 20 years, and I see very few good police officers any more.
Not always. Police officers often provide an advice of rights simply to avoid any possibility of having a statement invalidated later. In most cases you will know you are arrested when they put you in handcuffs.
rights guaranteed by the Bill of Rights must also be guaranteed by the states
The document that limited the British Monarchs right to tax and guaranteed due process was The Bill of Rights.
first you cant get deported by police but if you get arrested don't sign anything or say anything just say you want a lawyer and fight for your rights
Mirandizing
The Miranda rights are guaranteed by the 5th and 6th amendments to prevent self-incrimination and ensure due-process. People accused of crimes have the right to remain silent, to have an attorney present during questioning, and to have a court appointed attorney if they want one. These rights are read to suspects who are taken into a police custody.