QUESTION
Can I just be read the Miranda Rights on the station and not on the arresting place?
Asked on Mar 06th, 2013 on Criminal Law - Colorado
More details to this question:
If a officer pulled me over in Jackson county, when the officer was from Shawnee county and arrested me at 10 am and did not read me my rights until they took me to the station for questioning and when I said I wanted my lawyer, they then proceeded with threatening and manipulating me?
13 ANSWERS
Michael J. Breczinski
He did not have to read them until he wanted to question you are the arrest.
Answered on Mar 11th, 2013 at 7:49 PM
John J. Carney
The police only have to read Miranda Warnings if they question you while you are in custody. You should never talk to the police for any reason without a lawyer present.
Answered on Mar 08th, 2013 at 5:47 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest.
Answered on Mar 08th, 2013 at 1:35 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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The police do not have to read you your Miranda rights upon arrest, only when you are in police custody and they wish to start questioning you. That sounds like what happened in your case so I wouldn't see a problem with it. Of course, if there is additional information that you have left out, that opinion could change. There wouldn't be a problem without reading you your Miranda rights anyway unless you happened to say something incriminating. The misconception about Miranda warnings is that a violation results in the arrest being invalid which simply isn't true. Miranda only applies to incriminating statements and sometimes evidence obtained from those statements, but never to the arrest itself.
Answered on Mar 08th, 2013 at 1:23 AM
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Randy M. Lish, Attorney at Law
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Unless the prosecutor is going to use evidence obtained through questioning, that could not have been obtained another way, nothing it doesn't matter.
Answered on Mar 08th, 2013 at 12:09 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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That's what Miranda rights are for. He does not have to read them to you until he starts to question you. Sounds like he complied.
Answered on Mar 07th, 2013 at 1:40 PM
1 Award
That is unlikely to affect your case. You said the officer did eventually read you your Miranda rights and it happened before you were questioned.
Answered on Mar 07th, 2013 at 1:40 PM
Geoffrey MacLaren Yaryan
Miranda rights need only be given after an arrest and before interrogation.
Answered on Mar 07th, 2013 at 1:40 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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The police only have to give the Miranda rights before questioning.
Answered on Mar 07th, 2013 at 1:40 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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That's standard practice. Miranda rights are not required to be read when you are arrested. Smart cops never read them the moment they arrest someone. That's television. Miranda warnings are only required if/when (1) you are in custody and (2) they ask you questions that may prompt incriminating responses.
Answered on Mar 07th, 2013 at 1:40 PM
Criminal Defense Attorney serving Philadelphia, PA
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O'Hanlon Law Firm, P.C.
In order for Miranda to apply, there must be custodial interrogation or similar. What did you confess to?
Answered on Mar 07th, 2013 at 1:39 PM
That's legal. Rights don't have to be read to you until you are cuffed and only right before the interrogation at the station begins.
Answered on Mar 07th, 2013 at 1:39 PM
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Two things trigger Miranda rights: 1. Custodial (you are not free to leave) 2. Questions tend to illicit incriminating information. Without anymore information, it is difficult to say if your Miranda rights were or were not violated. Typically, officers are allowed to ask questions during a routine traffic stop as long as the brief detention is not unreasonable. Miranda violations are very fact specific and turn on the details and circumstances of the stop.
Answered on Mar 07th, 2013 at 1:39 PM