answersLogoWhite

0

There is no requirement to advise arrested persons of their rights. The trigger for advice or rights under Miranda V Arizona is 'custodial interrogation'.

A person arrested but not questioned is usually not advised of rights, but a person who is being questioned and is not free to leave, whether or not they are arrested must be advised.

User Avatar

Wiki User

15y ago

What else can I help you with?

Related Questions

During an arrest and prior to questioning defendants are usually advised of their Constitutional rights as enumerated in the Supreme Court decision of?

Miranda v. Arizona


What is a listing of the rights of which suspects must be advised before police questioning?

Miranda rights


What does marandize mean?

This verb was coined from the Supreme Court decision in the Miranda case, in which the court declared that suspects arrested by the police must immediately be advised of their legal rights, to remain silent and to have an attorney to represent them. To announce these rights is to give a Miranda warning, or to mirandize.


If your held in custody but not arrested are you supposed to be read your rights?

If you are not free to go and are being questioned, you should be advised of your rights.


Accused persons must know right Miranda v Arizona?

The question is not exactly stated correctly. ARRESTED persons must be advised of their right to an attorney BEFORE questioning begins or any information derived from un-advised questioning can be challenged and found inadmissable.


If an adult was arrested do they have to be read their Miranda rights?

It may depend on what they were arrested for. In traffic violations (DUI - etc) and in non-felony cases, it is not required in all instances. Further - an arrestee need not be advised of Miranda at the time of their actual arrest. Only when their interrogation is about to begin.


What if Miranda rights not given til hour after arrest?

As long as you are advised of your Miranda rights beforequestioning is begun it does not matter. Miranda rights are not about being arrested they are about what your rights are during questioning.


What ruled that anyone arrested must be read a statement of their rights before being questioned or their statements cannot be used as evidence against them in court?

The US Supreme Court ruling in the case of Miranda v. Arizona established this right.However, there is no requirement that you be advised by the arresting officer, immediately upon your arrest, only that you be read your rights before actual interrogation about the particular offense commences. .If there is any question about the admissibility of the evidence against you, your defense attorney will raise it at the appropraite time.


Why was Ernesto Miranda released from prison?

Ernesto Miranda was arrested on charges of kidnapping, rape and armed robbery in Maricopa County, Arizona in 1963, and sentenced to 20-30 years in prison. He later appealed his conviction to the US Supreme Court on the grounds that his confession should have been excluded at trial because he wasn't aware of his Fifth Amendment protection against self-incrimination. In Miranda v. Arizona, 384 US 436 (1966), the Court held that suspects had to be advised of their constitutional rights and be able to make an informed choice before being interrogated.


Where can one find stolen goods?

It is illegal to find or purchase stolen goods. It is strongly advised not to go research on how to obtain stolen goods, as it is a huge crime to commit and may get you arrested.


What effect did Miranda v Arizona have on the way police officers handle arrests?

Not really all that much actually, except that now, before custodial interrogation begins, the arrestee must be specifically advised of their Constitutional rights. Customarily they are advised of their rights at the time of arrest, BUT if the arrestee is not subjected to any questioning in the field, no 'fatal' error has occurred if it isn't actually done until they are questioned at the stattion. It is not unusual for an arrestee to be advised multiple times just to assure that they HAVE been advised according to law.


Who has the authority to control the US Air Force?

The Supreme Commander of the US military is the President; who is advised by the Joint Chiefs of Staff; the current Air force Chief of Staff is General Norton Schwartz