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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.
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∙ 2008-09-30 21:49:14
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Must a police officer always read a suspect their rights when placing them under arrest?
No. If you are arrested you must be given your rights before you are questioned. If they are not asking questions then they do not have to read your rights
What rules must be followed when arresting a suspect?
If being arrested a person must be "read" his Miranda rights.
What case established thatPolice officers must inform persons they are arresting of their constitutional rights according to the guidelines?
There is no requirement to advise arrested persons of their rights. The trigger for advice or rights under Miranda V Arizona is 'custodial interrogation'. A person arrested but not questioned is usually not advised of rights, but a person who is being questioned and is not free to leave, whether or not they are arrested must be advised.
A criminal suspect must be read his or her rights when arrested thist process is referred to as?
Mirandizing
Do the police have the right to pull you out of your car when you have license and insurance?
Yes. You must comply with a peace officer's lawful orders as long as they do not violate your basic rights. They have the right to detain you on the roadside during a traffic stop, but must provide a reason for doing so. If they arrest you, they must read you your Miranda rights and state the reason for your arrest.
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.
When Does a cop have to read you Miranda rights?
Generally a cop has to read you your Miranda rights as you are taken into custody or taken for questioning. They must be read even if you volunteer for questioning. They must be read to you before you are arrested, or as they are arresting you.
Does an officer have to read the Miranda rights before arresting you in Texas?
No, he does not. Miranda rights must be read before questioning, it does not have to be done at the time of arrest.
Does a state trooper have to read you your Miranda rights?
Your Miranda rights must be read to you afteryou are arrested. This applies to all Police officers.You are not supposed to be interogated before you are advised of your rights and given an opertunity to "Exercise" them.
What is an example of Miranda rights?
The rights given to you when you are arrested. They must be read to you by a member of law enforcement at the time of the arrest. Examples include: the right to remain silent and the right to representation
Can a police officer be charged with anything?
Police officers must obey the same laws that you do. Police officers are arrested all the time around the world.
What are those rights called that must be read to you when you get arrested?
Miranda Rights..... if they are not read to you, they you then it is a violation of your rights..... you have to know your rights when you are arrested! They are:You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights? Miranda Rights..... if they are not read to you, they you then it is a violation of your rights..... you have to know your rights when you are arrested! They are:You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights?
