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Yes. Miranda rights are not required to be provided upon arrest. Miranda rights will be provided prior to Police asking questions which could elicit an incriminating response.
For example: you can be arrested for shoplifting, taken to a jail, fingerprinted and photographed. At no time do Police during the above described process have to question you about the crime you are suspected of committing, therefore Miranda is not required. Once Police ask you what you shoplifted, how you did it, who you did it with, etc, must Miranda rights be provided.
Movies and TV portrays Detectives as slapping the cuffs on a bad guy and immediately reading them their rights. This provides a false reality to the general public. In actuality a suspect is usually notified why they are being arrested, but not always, and transported to a jail or to Detectives for questioning.
What else can I help you with?
Can a security officer arrest a person for traffic violation on his post?
No
Do you have to open the door if a police officer knocks and if you don't can they charge you with obstruction of justice?
they have to have a warrant to search your house and without it they cant come into your house but if you step out they can arrest you for whatever your charged with
How may feet can a cop pull you over and be legal if not in his county?
An officer can pull you over in another county. He can even arrest you. However, an officer from another county would have to meet with him, and be the one to do the booking.
Is there a penalty for giving a fake name when getting pulled over by a police officer because you only have a permit?
Yes, that penalty is arrest and more serious charges for furnishing false identification to a law enforcement officer.
Will you be arrested in airport for traffic violation?
yes, you might, it depends on what kind of violations, sometimes a person didn't pay for the citation, so the judge might issued a arrest warrant, or somethings the driver did not cooperate with the officer, which eventually might lead to the arrest.
Can a police officer coerce someone onto school property to arrest them without a warrant?
It does not seem reasonable or possible.
If a Police officer in NY stops someone that has a Felony warrant can that officer arrest him on that warrant?
Yes, of course. An arrest warrant is a command from a judge to arrest a person. Usually a police officer has no choice and must arrest.
What is the term for living on someone elses property without their knowledge.?
Trespasser is the term for this. This is illegal and you can be arrested for it. A police officer will not usually arrest someone the first time they are caught trespassing. But it is up to the police officer to arrest or not.
Can a police officer choose not to arrest someone?
police officers have a criteria on this. On the other hand,for an officer of the law, it would be unethical not to arrest someone he has seen comiting a crime.
When is a person under arrest?
A person is "under arrest" when a police officer charges them with a crime and chooses to take them to the police station to be processed for it. For example, if someone commits a crime, they are technically under arrest when a police officer witnesses the crime or has a warrant for the arrest and tells the criminal "You are under arrest." Typical procedure after this is to put handcuffs on the criminal and read them their Miranda rights (you have the right to remain silent etc). Handcuffs alone do not mean arrest, but i'm pretty sure its illegal for a police officer to handcuff someone without grounds to arrest them. As a side note, the person doing the arrest does not have to be a sworn in police officer. In Citizen's arrest cases, anyone with arresting powers like a bounty hunter can also place someone under arrest.
Whats the main differences between arrest with and without a warrant?
Without a warrant you must find reasonable grounds to arrest someone, whereas with a warrant your reason to arrest the suspect already exists. Without a warrant a Police Officer can arrest anyone without permission of a Magistrate as long as they follow the correct procedures so their arrest is lawful, which is unlike an arrest with a warrant where you must be granted the warrant to be able to arrest that person. Without a warrant, a Police Officer can mess the arrest up and make it an unlawful arrest but with a warrant it is very unlikely that they make it an unlawful arrest.
Can the police officer threaten to arrest you if your trying to tell them that someone has your stuff and there right in front of them?
They can threaten you, however, to enact an arrest without probable cause or reasonable suspicion that you've have in fact committed a crime is considered false arrest. If an incident like this occurred, you may wish to file a complaint against the officer with his/her desk sergeant.
What are the elements of an arrest?
An arrest refers to the lawful deprivation of the freedom of an individual by a peace officer. A police officer may arrest a person if he reasonably believes a crime has been committed without a warrant.
When an officer makes an arrest without just cause he or she may?
He or she may apologize to the person and let them go.
Can i arrest a police man?
You could try a citizen's arrest but the police man may refuse to be arrested. It is only a warranted police officer that is empowered by society to forcibly arrest someone.
What two reasons why police may be able to search someone without a warrant?
A "stop and frisk search," where police search you for their protection or incidental to an arrest; or when contraband is in plain view of the officer.
Is it against the Law to arrest somebody that's name is not on the warrant?
A warrant is not required for an arrest. If the officer has ample evidence that a crime has been committed and circumstances of immediacy pertain, they can arrest someone on the spot.
