QUESTION
Are your rights required to be read during a traffic violation warrant for arrest?
Asked on Jan 30th, 2013 on Criminal Law - Colorado
More details to this question:
I have temporary plates because I had just bought the vehicle. I get pulled over because he said my plate had a fog of moister and he couldn't read it. Then he walks over and tells me my plate was good and everything checks out. He asked me my name, ssn, license and registration. Walks back to his car, comes back and says you have a warrant for a failure to appear in court for a traffic violation and arrests me. My rights were not read from the point of arrest, booking, and bail.
13 ANSWERS
Your Miranda Rights are supposed to be read to inform you of your constitutional rights regarding statements you make after your arrest. So if you made any statements or provided any evidence after your arrest without your Miranda Rights being read then those statements could be precluded in trial from being used against you. However, the fact that you were not read your Miranda Rights does not dismiss the charges against you or negate the arrest that was made.
Answered on Feb 06th, 2013 at 11:50 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
Michael J. Breczinski
If you are arrested and they then want to interrogate you, then they have to read you your rights, otherwise they can just take you to jail.
Answered on Feb 06th, 2013 at 3:26 AM
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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Your Miranda rights only have to be read to you if there is an interrogation conducted with the intent to use your statements against you. I would need a more complete description of the questioning before I could say if it was proper.
Answered on Feb 04th, 2013 at 7:19 PM
Geoffrey MacLaren Yaryan
Rights only need be read when you are interrogated after arrest. The purpose of reading someone their rights is to advised them concerning making incriminating statements.
Answered on Feb 04th, 2013 at 7:14 PM
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 Feb 01st, 2013 at 8:37 PM
The "Miranda" warning concerning your right to remain silent does not need to be read to you at the time of an arrest. It is only necessary if you are in custody and the police want to take a statement from you that would be admissible in court later.
Answered on Feb 01st, 2013 at 7:41 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Only id he is going to question you. It sounds like that wasn't necessary in this case.
Answered on Feb 01st, 2013 at 7:35 PM
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None of that was improper. Officers do not read rights before you are arrested.
Answered on Feb 01st, 2013 at 2:46 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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They did not need to be, there was a warrant out for your arrest, which is an order to the court for the police, if they have contact with you to arrest you and bring your to it.
Answered on Feb 01st, 2013 at 2:30 PM
No. Rights only have to read after you are cuffed, and only if you are interrogated. It doesn't sound like your were either cuffed or interrogated. Most cops are trained to get everything they need from your mouth prior to arresting you, so Miranda rarely applies in a traffic stop.
Answered on Feb 01st, 2013 at 2:28 PM
The police don't have to read you your rights unless they want to question you while you are in their custody. It sounds like he had no reason to question you, so I'm not surprised that he didn't read you your Miranda rights.
Answered on Feb 01st, 2013 at 2:28 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Miranda rights must be given to someone who is subjected to custodial interrogation and provides inculpatory statements. You were not in custody when the officer questioned you, and there is nothing that you said that was inculpatory that could be suppressed.
Answered on Feb 01st, 2013 at 2:28 PM
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Miranda rights are to be read if you are in custody and are questioned. In this situation, if the officer found out that the reason for his stop was not justified, he should have just let you go.
Answered on Feb 01st, 2013 at 2:27 PM