0
What happens if a police officer does not read the Miranda warning before questioning?
Wiki User
∙ 14y ago
If you are a minor then nothing. If you are not a minor then chances are it will not affect anything unless you can prove the cop did not read them...because the court is going to take the word of a police officer over that of some random person.
Wiki User
∙ 14y ago
Wiki User
∙ 13y agoIf you aren't read your Miranda rights when you are arrested, or before, you still have them. You have those rights because they are in the amendments to the Constitution, not because they are spoken to you. That said, whatever you say between arrest and the reading of the rights is not admissible in court.
Wiki User
∙ 15y agoThis is a pretty wide general question - however - If an officer fails to advise the arrested subject of their right against self incrimination by failing to advise them of their "Miranda Rights" then any statements made by the defendant after the arrest become inadmissable at trial. This MAY result in the defendant having to be released UNLESS there is enough other independently gathered evidence that the defendants own statement wasn't necessary to convict him. The officer MAY be subject to some kind of internal discipline by his agency for failing to adhere to agency procedures, but there are no legal penalties.
Wiki User
∙ 6y agoContrary to popular public perception it is NOT REQUIRED that you be given your Miranda Rights at the time of arrest. Your Miranda Rights need only be given to PRIOR TO THE START OF ANY QUESTIONING.
Wiki User
∙ 12y agoSimple, The cops lie about it
Add your answer:
Earn +20 pts
Does a police officer have to mirandize someone when they are in possession of a federal drug?
No. A Miranda rights warning is only necessary prior to a custodial interrogation. If the officer is not questioning the suspect then no warning is necessary.
What does Miranda warning have to do with investigation?
During an investigation, an individual may be put into custody and interrogated. An individual who is in custody (or is not free to leave), and is being subjected to incriminating questions, is required to be advised of their Miranda Rights.
Are security officers required to issue a Miranda warning?
The Miranda Warning is only issued by a commissioned Law Enforcement Officer. If by "Security Officer", you mean a private security guard, then no, they are never required to issue a Miranda Warning.
Is the probation officer required to give the Miranda warning to the defendant before the PSI interview?
No. A Probation Officer is not a Law Enforcement Officer. Only Law Enforcement Officers are required to give the Miranda Warning.
Do the police have to read you your Miranda Rights when they put you in handcuffs and take you to jail?
Not necessarily A police officer need only advise you of your Miranda rights if you are "A" in custody and "B" prior to asking you any questions that may solicit incriminating responses. It is a misconception that police officers must advise you as soon as you are placed in handcuffs. They have to be questioning a person in custody before Miranda applies.
Under the constitutional rights before police questioning a suspect must be administered the?
THe Miranda warning against self-incrimination.
Is the Miranda warning good or bad?
The Miranda Warning is good. It's a legal warning given by Police to suspects that are going to be questioned informing them of their rights to:Remain silent;Terminate questioning at any time;Have an attorney before and during all questioning; andIf they cannot afford an attorney, the courts will provide a free attorney for the duration of your trial (meaning if you're convicted or acquitted, the attorney no longer represents you)and that anything they say after the point of a Miranda warning can (and generally will) be used against them in a court of law.
Is Miranda warning good or bad?
The Miranda Warning is good. It's a legal warning given by Police to suspects that are going to be questioned informing them of their rights to:Remain silent;Terminate questioning at any time;Have an attorney before and during all questioning; andIf they cannot afford an attorney, the courts will provide a free attorney for the duration of your trial (meaning if you're convicted or acquitted, the attorney no longer represents you)and that anything they say after the point of a Miranda warning can (and generally will) be used against them in a court of law.
Who has the Miranda rights?
Everybody has the Miranda rights, but they are only relevant once you are accused of a crime. When you are accused and taken into custody, they will be read aloud to you. The rights are the right to remain silent, to have an attorney with you during questioning, and to have a court appointed attorney you can't get one.
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.
How you feel about Miranda concerning Law Enforcement and criminal suspects?
Miranda Warnings (Rights) should be read at any time someone is being arrested and before questioning. Your warning not only tells you that you have the right to remain silent during ANY and ALL questioning but that you have the right to an attorney present during any and all questioning. Lastly, it also points out to a suspect that If they're indigent (poor) they have the constitutional right to a public defender.
Do US Marshals have something like the Miranda rights to say if they detain you?
U.S. Marshals operate under the same laws as any other law enforcement officers, so they would read someone a Miranda warning under the same circumstances that any other officer would. However, it is not necessary to give a Miranda warning when making an arrest unless the officer intends to question the person arrested about a crime.
