Does an arresting officer have to read rights?

Answer 1

Rights after arrest Under federal constitutional law, the police need to read you your rights only prior to CUSTODIAL INTERROGATION. So, if there is no interrogation, they do not have to read you your rights.

Answer 2

No. "Miranda" rights are only required before custodial interrogation. In other words, if the officer isn't going to question the person he's arresting, no advice of rights is needed.

Added: Also, in the case of some minor offenses (e.g.: misdemeanors, ordnance violations, traffic cases) it is not necessary to "Mirandize" the suspect/arrestee.

Answer 3

In Georgia and elsewhere in the United States, an officer is required to advise someone of their Miranda rights only if all four of these conditions apply:

1. the person must be detained, e.g. not free to leave,
2. the person is or is about to be questioned about details that exceed typical booking or identification questions,
3. the focus of the investigation is that person, and,
4. the questions are about the details of the crime or investigation.

In traffic matters such as DUI and driving with a suspended license, probable cause for the arrest is typically gathered before the arrest is made, and there is no need to question the arrestee after the arrest is made. Therefore, an officer would not normally have to give a Miranda warning at the time of arrest.

If the officer did not give a Miranda warning and later questioned the arrestee about details of the offense, information gathered during that questioning would be suppressed in court. Evidence gathered prior to the post-arrest questioning would still be allowed, and the arrest would likely still be valid. In other words, you don't walk on the charge just because the officer didn't read you your rights.

Answer 4

No. Not for a traffic arrest. By the time you get to the arrest stage you've already made a spectacle of yourself by failing all the field sobriety tests while being filmed by his dash cam.

Answer 5

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

Answer 6

No. Rights are only required before a custodial interrogation. If you are arrested and the police are not going to question you, you may not be given an advice of rights.

Answer 7

Yes, it is mandatory for an arresting officer to read you the Miranda Rights.

Answer 8

Yes, always.

Answer 9

Yes