QUESTION
Is it legal if I was arrested for shoplifting, police had no warrant and Miranda rights not read to me?
Asked on Sep 18th, 2012 on Criminal Law - Georgia
19 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Without knowing any facts of the alleged crime, it is impossible to answer this question fully. Yes, it is legal to arrest someone for shoplifting, if the facts support it or not, and it does not matter that Miranda warnings were not read to you, the police report will say that they were.
Answered on Jun 27th, 2013 at 10:12 PM
Of course it is. You watch too many movies if you think they need a warrant or need to read you Miranda.
Answered on Jun 27th, 2013 at 9:57 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes.
Answered on May 28th, 2013 at 7:52 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Yes.
Answered on May 28th, 2013 at 7:51 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Yes.
Answered on May 22nd, 2013 at 2:50 AM
Dennis P. Mikko
The police would not necessarily need a warrant to make the arrest. Unless you were questioned by the police, they would not need to read you your rights at time of arrest.
Answered on Sep 19th, 2012 at 3:57 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes. Very legal.
Answered on Sep 19th, 2012 at 3:50 PM
Michael Paul Vollandt
Yes. They do not need a warrant. If the police did not see the theft then the victim files a citizen's arrest and that takes care of it. You do not have to have your Miranda's Rights read to you unless the police want to talk to you after you are detained.
Answered on Sep 19th, 2012 at 3:50 PM
Steven D. Dunnings
Miranda has nothing to do with the legality of the arrest
Answered on Sep 19th, 2012 at 3:49 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes, its legal. Police do not need a warrant to arrest you, nor do they need to read you Miranda to arrest you.
Answered on Sep 19th, 2012 at 3:48 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes it is!
Answered on Sep 18th, 2012 at 4:17 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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I think the issue is whether or not they caught you past the point of payment with unpaid for merchandise. Miranda rights are about interrogation and there is no warrant necessary to catch someone in the act.
Answered on Sep 18th, 2012 at 4:16 PM
Gary Moore
You can be arrested for shoplifting at a store by the police without a warrant.
Answered on Sep 18th, 2012 at 4:16 PM
1 Award
If you were caught in the act of shoplifting, then the police do not need a warrant to arrest you. If they never questioned you, then they don't have to read you your Miranda Rights.
Answered on Sep 18th, 2012 at 4:14 PM
Leonard A. Kaanta
Yes.the police only need probable cause to arrest you.
Answered on Sep 18th, 2012 at 4:14 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Yes. The police don't need a warrant to arrest you; they just need probable cause to believe you committed a crime. The police don't need to read Miranda unless you are: 1) in custody; and 2) being interrogated. Even if there is a Miranda violation all that happens is the statement gets suppressed; the case does not get dismissed.
Answered on Sep 18th, 2012 at 4:13 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Without more, yes.
Answered on Sep 18th, 2012 at 4:12 PM
Michael J. Breczinski
Yes. You need a lawyer. Get one.
Answered on Sep 18th, 2012 at 4:12 PM