QUESTION

Can a police officer who has a search warrant arrest me without reading my Miranda rights first?

Asked on Apr 05th, 2013 on Criminal Law - Rhode Island
More details to this question:
Can a police officer arrest me without reading my Miranda rights first? Can it be done with a search warrant? If a warrant was presented upon me while the search is taking place, can the officers say they don't have a copy machine? Can I be given a copy of the warrant during the search?
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6 ANSWERS

John J. Carney
The police do not have to give you a copy of the warrant or read you the Miranda Warnings.
Answered on Apr 08th, 2013 at 2:03 PM

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Michael J. Breczinski
Yes they can arrest you. No they do not have to read Miranda unless they want to question you AFTER the arrest. Yes you are entitled to s copy of the warrant.
Answered on Apr 08th, 2013 at 1:49 AM

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Federal Criminal Law Attorney serving Fresno, CA at Mark A. Broughton, PC
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Yes, you can be arrested without the officers reading you the Miranda rights first. You only need to be read your Miranda rights if you are "in custody" and the cops want to get a statement from you. Miranda has to do with questioning and statements of the accused, not whether or not there is sufficient cause to arrest. As to the warrant, you should be given a copy of the warrant (or at least shown a copy of it) at the time it is served (search conducted). Sometimes the cops don't have a copy of the actual warrant as they are waiting for a judge to sign it, but generally, you are well within your rights to ask to see it, and for a copy, before allowing them into your home.
Answered on Apr 08th, 2013 at 12:27 AM

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Law enforcement is only required to inform you of your "Miranda" rights before questioning you, not during a search or arrest. A copy of a search warrant must be left in the place being searched. If it was an arrest warrant, you do not have to be given a copy of that.
Answered on Apr 07th, 2013 at 10:01 PM

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Absolutely. You watch too many movies if you think Miranda always has to be read. Only in limited circumstances does it apply, and even then most cops know how to get around the requirement.
Answered on Apr 07th, 2013 at 9:57 PM

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Tax Attorney serving North Smithfield, RI at The Law Offices of Mark L. Smith
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Yes he must provide you with the Miranda rights only if you are in custody (rested) and he interrogates you.
Answered on Apr 07th, 2013 at 9:49 PM

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