QUESTION
Is it legal for the police to arrest my husband and not read his rights?
Asked on Jan 25th, 2012 on Criminal Law - Florida
More details to this question:
My husband was arrested outside my apartment. The under cover officer didn't tell him the reason for his arrest. The officers interrogated him without reading him his rights. Is this legal and what are his rights?
2 ANSWERS
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You must be read your Miranda rights prior to interrogation or all the information obtain could be suppressed and held unusable at trial.
Answered on Feb 13th, 2012 at 8:12 AM
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Yes. Law enforcement does not have to read your husband his rights UNLESS THEY ARE GOING TO ASK HIM QUESTIONS OR INTERROGATE HIM. If they questioned or "interrogated" him without reading him his rights then he could move to suppress his statements.
Answered on Feb 13th, 2012 at 7:25 AM