QUESTION

If I was arrested for disorderly conduct, do the police have to read me my Miranda rights?

Asked on Aug 11th, 2013 on Criminal Law - Louisiana
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7 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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No. 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 Aug 14th, 2013 at 9:31 PM

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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. You should hire a lawyer and get this relatively minor charge dismissed.
Answered on Aug 13th, 2013 at 9:10 PM

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Thomas Edward Gates
Were you being questioned? Did you need an attorney at any time? Did you make a statement adverse to your position?
Answered on Aug 13th, 2013 at 7:57 PM

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James Edward Smith
Not if they saw the disorderly conduct because there would be no need to question you.
Answered on Aug 13th, 2013 at 7:56 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 they are questioned about a possible criminal incident. 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 to not make self-incriminatory statements and the right to legal, and makes a knowing, intelligent, and voluntary waiver of those rights. The Miranda warning is not required for a person to be detained. It is a safeguard against self-incrimination. 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 the suspect makes 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 Aug 13th, 2013 at 12:33 PM

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Only if they want to admit a statement into trial and you were in custody.
Answered on Aug 13th, 2013 at 12:32 PM

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Miranda rights only come into play if the police are questioning a suspect "in custody" so if the police witness what they believe is disorderly conduct there is no need for Miranda rights.
Answered on Aug 13th, 2013 at 11:18 AM

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