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What happens if a police doesn't read you the Miranda warnings?
Wiki User
∙ 13y ago
It is not required that you be advised of your Miranda Rights BEFORE your arrest! After your arrest, it might depend greatly on what it is you were arrested for. The courts have ruled that most traffic violation arrests and many misdemeanor offenses do not require that you be read your Miranda rights. However, you SHOULD be advised of your Miranda rights for all felony arrests. If, for some reason this fails to occur, it doesn't make the arrest unlawful, it only prohibits the use as evidence, anything you say to the police between the time of your arrest and the time that you WERE advised.
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Anytime that someone is in custody (meaning that an ordinary person would not feel free to leave under the circumstances) and is subject to interrogation (interrogation means words or actions reasonably likely to elicit an incriminating response) Mirandas must be read, and there must be a valid waiver (knowing, intelligent and voluntary waiver of these rights) for any statements made to be admissible in court. For example, if you are pulled over and you ask a police officer "Am I free to leave?" and he says "no" then you are in custody. Now, if he asks you a question, such as "why were you weaving in traffic," then he is interrogating you. Such a question is likely to elicit an incriminating response. At this point, if you are not read your Mirandas, any statement you make is inadmissible at trial.
Additional:
First of all, you need not be Mirandized in the course of a routine traffic stop.
I will grant that that in most full custodial arrest situations for Felonies and "probable cause" Misdemeanors, it is USUALLY the case that the arrestee is Mirandized by the arresting officer at the time of actual arrest, but the court has ruled that it is not REQUIRED until interrogation is to begin. Indeed, good investigators always 're-Mirandize' the arrestee at that point, before they take a statement or begin their questioning, just in case the arresting officer forgot to do so in the heat of the moment.
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoIf one is not read his Miranda rights (the right to remain silent, and the right to speak to an attorney), anything that he says that is self-incriminating cannot be used in court as evidence.
This means that officials can still interrogate and act upon any information gleaned, but that information cannot be used in court.
These "Miranda rights" stem from a 1966 US Supreme Court decision, Miranda v. Arizona, in which Ernesto Miranda's conviction was overturned because he was not informed of his Constitutional right to remain silent and consult with a lawyer.
Wiki User
∙ 11y agoIt usually has no effect at all. Police are required to advise you of your Miranda rights only if you are questioned about the crime you are charged with while not free to leave, e.g. a "custodial interrogation." Most arrests are made with no questioning thereafter, and there is no need to give the Miranda ("You have the right to remain silent...") warning.
Under Australian (and British) Law, a Police Officer must tell you that you are under arrest and what you are under arrest for. There is an exception if the reason for the arrest is blatantly obvious and if the suspects makes it impracticable by running, resisting etc. This also holds true for an arrest made under 458 of the Crimes Act which allows for any person to make an arrest (sometimes refered to a s citizens arrest but used more by coppers than any other arrest power. As to questioning, any investigating official in Australia (police, customs, dog catcher etc) must advise of the right to speak or remain silent one the official suspects that an offence may have been committed. Unlike the American Miranda, Australian Police must advise that anything a suspects says may be used in evidence (either for or against you). If this basic right is not given, then the interview or statement may be inadmissable under voir dir ( a weighing at Court of the admissibility of such an interview or statement).
Wiki User
∙ 14y agoThose who do not know their rights, give up their rights by default. They invite anyone who desires to do so to trample over them as if they did not exist. They become nonentities, nonexistent, unimportant by their own apathy.
Wiki User
∙ 13y agoStatements obtained may not be admissible in court. If they didn't ask questions, you wouldn't need a Miranda warning.
Wiki User
∙ 12y agoIf you are arrested and not read miranda rights, and statements made during interrogation cannot be used at trial.
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When are the police required to give Miranda warnings and under what circumstances might a defendant waive them?
When the police have arrested someone and intent to question him about the crime, they must read the suspect his Miranda rights. The police are exempt from the Miranda warnings when a public safety issue is present. The suspect may wave his rights out of just his free will if he wishes.
Two conditions under which police are required to give individuals Miranda warnings?
Miranda warnings are read to suspects who are: 1. In police custody- suspects whose freedom to leave is curtailed. 2. Under interrogation- suspects who are being asked questions that could lead to self-incrimination.
Do police officers have to give Miranda to juveniles to obtain a statement if the juvenile isn't in custody?
Unless your state has some special regulation, no. Miranda warnings are specific to custodial interrogation.
Why does Justice Harlan say the Miranda warnings are not designed to guard against police brutality or other unmistakably banned forms of coercion?
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Why do police officers carry the Miranda warnings?
For legal reasons. if they can say in court they always read it from a card, ensures verbage was proper for the suspect so they can't claim not properly mirandized.
What is a miranda?
Charles Miranda was a person who was arrested by police and not given any formal warnings as to what the consequences could be if he makes a statement to the police, especially one that incriminates himself. The two basic Miranda warnings are that you have the right to remain silent and the right to an attorney being present when making a statement. It further states that any time during the questioning you can remain silent and not answer any questions, the police cannot make any threats, coercion, or promises in order to induce you to make a statement: the statement must be of your own free will. It also states that you have the right to a court appointed attorney if you cannot afford one. Finally, it states that any statement you do make to the police can be used against you in trial.
Do police in Michigan read Miranda rights?
Yes, police in Michigan read Miranda rights. Reading Miranda rights is a national precedent. This means that all police in the United States read them.
When might you hear a Miranda warning?
Miranda warnings are required whenever a suspect is subjected to custodial interrogation by the police. They must be read to each criminal suspect before they are interrogated in order to preserve the admissibility of their statements in court.
What is the purpose of the Miranda rule?
The Supreme Court recently confirmed that Miranda warnings are constitutionally required because of a 1966 case called Miranda v. Arizona. When a person is in custody, some version of the Miranda rights, such as the following, is read to the individual before questioning: "You have the right to remain silent. If you give up 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 an attorney. If you desire an attorney and cannot afford one, an attorney will be obtained for you before police questioning." The Miranda rule was developed to protect the individual's Fifth Amendment right against self-incrimination. Many people feel obligated to respond to police questioning. The Miranda warning ensures that people in custody realize they do not have to talk to the police and that they have the right to the presence of an attorney. If the Miranda warning is not given before questioning, or if police continue to question a suspect after he or she indicates in any manner a desire to consult with an attorney before speaking, statements by the suspect generally are inadmissible. However, it may be difficult for your attorney to suppress your statement or confession in court. The best rule is to remain silent. You have the right to an attorney. Insist on it.Charles Miranda was a person who was arrested by police and not given any formal warnings as to what the consequences could be if he makes a statement to the police, especially one that incriminates himself. The two basic Miranda warnings are that you have the right to remain silent and the right to an attorney being present when making a statement. It further states that any time during the questioning you can remain silent and not answer any questions, the police cannot make any threats, coercion, or promises in order to induce you to make a statement: the statement must be of your own free will. It also states that you have the right to a court appointed attorney if you cannot afford one. Finally, it states that any statement you do make to the police can be used against you in trial.
What happens when the child doesnt want to return home?
If a child doesn't want to return home, it's important to understand their reasons for feeling this way. It could be due to issues like conflict at home, feeling unsafe, or being mistreated. It's essential to address the underlying concerns, involve appropriate support systems like social workers or counselors, and work towards finding a solution that ensures the child's well-being and safety.
The MIranda decision of the supreme court concerned?
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.
Why do need Miranda rights?
Miranda rights are necessary to let people know what rights they have when they are taken into custody. Without them a suspect may not know that they do not have to answer the law officers' questions immediately. The suspect may feel like they have to confess whether or not they committed the crime.
