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When does a police officer announce the Miranda rights to a person in custody?
Wiki User
∙ 13y ago
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.
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoThe policy for exactly when the rights must be read varies by state. Some situations require the police to read the Miranda rights to somebody who is talking to the police outside of the station. If you are not allowed to leave the presence of the police officer, you should be read you Miranda rights.
Wiki User
∙ 15y agoBefore any type of questioning or before any type of arrest
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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.
Is it legal to question some one without giving Miranda rights?
Yes. The issue is custody. When a person is in police custody they should be given Miranda if the police intend to use their answers against them. Until they're in custody (not allowed to leave) authorities can question a person to any degree they wish.
Can you be tried for case without giving Miranda warning?
Miranda is only required when there is both custody and interrogation. A person must be in police custody and must be subject to interrogation for the rules regarding Miranda to apply. It is entirely possible for the police to develop probable cause and arrest a person without speaking with them first.
What are the results of Miranda vs Arizona?
Arresting Officer don't have to issue the Miranda warning when making an arrest for instance a crime committed in the presence of an Officer or a third party saying that person committed a crime the rule of thumb is Custody and asking questions about a crime = Miranda warning, common question like address, name, age ext. no Miranda, spontaneous utterance like I didn't mean to hurt or kill that person could be used in court Judge would have to decide but after a spontaneous utterance like above Miranda must be giving.
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.
When an arresting officer reads an accused person their rights it is an example of what?
Miranda Rights.
When Miranda warning not required?
The 5th Amendment of the U.S. Bill of Rights, which protects U.S. citizens against self-incrimination, is the basis for our Miranda Rights. However, in order for Miranda to apply, two elements must be present: 1. the suspect is in police custody, AND 2. the suspect is being asked questions by police that are likely to invoke incriminating statements. Both CUSTODY and INTERROGATION must be present before Miranda applies. A police officer does not have to advise a suspect of their Miranda rights when either of these elements are absent.
Can an officer take a person in custody without a custody order?
CUSTODY or make an arrest? What do you mean by custody? If he is picking somebody up it requires a judges order (warrant), and for a judge to sign a warrant, the police have to provide the judge with probable cause. An officer can make take someone into custody if a probation officer reports a probation violation or if the officer witnesses the person committing the crime. If an office doesn't follow proper procedure, has to answer to the court as to why he did what he did. There are checks and balances that help prevent violations of these rules, in most cases.
What are the 2 components needed to have the Miranda warning take effect?
The two components needed for the Miranda warning to take effect are custodial interrogation and the individual being in police custody. Custodial interrogation refers to questioning that occurs when a person is in police custody and the freedom of movement is restricted. The Miranda warning must be given to the individual before any interrogation takes place while they are in police custody.
To meet the custody element of Miranda do you think that the person has to be arrested or in custody for custody to be present?
They have to reasonably believe that they are not free to leave. Example: someone could be sitting in the back of a police car not handuffed with the door locked and believe that they are not free to leave.
Miranda in a Nutshell?
Miranda v. Arizona was a ruling by the United States Supreme Court in 1966 that involved interrogation of people in police custody. The law regarding interrogation is not based upon a statute, but on constitutional law. The basic rule is that when a person is in custody, he must be informed of a few basic rights before being questioned. The person must be informed of the right to remain silent, the right to an attorney, and the right to an appointed attorney if the person cannot afford counsel. The person must also be informed that any statement can be used against him. Until the person in custody has been informed of those rights, the police may not legally interrogate or question him. If any custodial interrogation takes place without the appropriate warnings, any resulting statement may be suppressed (meaning the prosecution cannot use that statement at trial). However, if the person is never legally in custody, if the person is not under arrest, then Miranda does not apply. Therefore, if a police officer stops someone for a broken tail light, the officer need not start in with Miranda warnings. It is generally a good idea, when questioned by police about a crime, to remember the right to remain silent, and to understand that silence is golden. Generally it is best, when asked about a crime, to deny it and then tell the police that one will speak to an attorney before making further comment. [video=]
The case of established that an accused person must be advised of hisher rights prior to talking to a law enforcement officer?
Miranda v Arizona
