QUESTION

Can a police officer put handcuffs on you and put you in the car for holding without reading your rights?

Asked on Jun 02nd, 2014 on Criminal Law - California
More details to this question:
There was other police officer and take out on the car and put you in other police car and transport you to the jail and put you in a holding cell without reading your rights to you. Then after being in holding for 1 or 2 hours, other police officer come in and reads your rights and not the police officer that arrested you.
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5 ANSWERS

Miranda only has to be read if there is post-arrest interrogation. Most cops are trained to get everything they need out of your mouth "prior" to cuffing you, so Miranda rarely applies.
Answered on Jun 05th, 2014 at 6:10 PM

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The police only need to read you your rights if they are going to question you. So that is why the others did not read you your rights.
Answered on Jun 05th, 2014 at 6:10 PM

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Arbitration Attorney serving Irvine, CA at Law Office of Linda K. Frieder
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The police are supposed to mirandize before asking you questions once you are no longer free to leave.
Answered on Jun 05th, 2014 at 6:10 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Yes, (s)he can. 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 Jun 05th, 2014 at 6:10 PM

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Your statement of rights (also referred to as Miranda rights) is a statement of your constitutional rights that police in the United States are required to give to suspects in police custody or in a custodial interrogation before questioned about a possible criminal incident. Custodial interagation happens when a suspect is questioned about a possible crime when the situation is one in which a reasonable person would feel he was not at liberty to leave. The Supreme Court of the United States ruled that an elicited incriminating statement made by a suspect is not admissible evidence in the prosecutor?s case in chef unless the suspect was informed of the right not to make self-incriminatory statements and the right to legal repartition, and makes a knowing, intelligent, and voluntary waiver of those rights. The prosecutor?s case in chef is the part of a trial before the prosecutor rests his case and the defense presents his case. The Miranda warning is not required to detain or arrest a suspect. It is a safeguard against self-incrimination as a right under the fifth amendment of the Constitution. If law enforcement officials do not read a person his rights they may still interrogate that person and act upon the knowledge gained, but may not use that person's statements or the evidence obtained from that knowledge to incriminate him or her in a criminal trial. However, if prior to his having his rights the suspect testifies to facts different from in his statements before his was read his rights; the statements can be used to show he may be lying.
Answered on Jun 05th, 2014 at 6:10 PM

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