QUESTION
Is it legal on the part of the ones who arrested me to put the hand cuffs on me & never did read me my rights?
Asked on Sep 18th, 2013 on Criminal Law - Wisconsin
More details to this question:
I was arrested for trafficking marijuana at my home and got $1305 in money off of my coffee table. They put the hand cuffs on me & never did read me my rights. It is a misdemeanor offense.
6 ANSWERS
Michael J. Breczinski
They only have to read you Miranda if AFTER arrest they want to question you about things that could incriminate you.
Answered on Sep 23rd, 2013 at 2:31 AM
Yes, it's legal. Police don't have to read you your rights before they arrest you.
Answered on Sep 23rd, 2013 at 1:54 AM
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They only need to read you your rights if they want to take a statement from you.
Answered on Sep 20th, 2013 at 4:53 PM
Possession in California is a misdemeanor, but intent to traffic/distribute generally is a felony. For any crime, regardless of whether it is a misdemeanor or felony, the police can arrest a person and place them in handcuffs. While the police SHOULD have read you your Miranda rights when arresting you, it will not invalidate the arrest, rather it would exclude any evidence gained by failure to read them to you, such as any statements you made without a lawyer, but will NOT exclude the actual physical evidence.
Answered on Sep 20th, 2013 at 4:34 PM
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 Sep 20th, 2013 at 4:14 PM
Yes. They don't need to read your Miranda rights unless and until they are going to question you after taking you into custody.
Answered on Sep 20th, 2013 at 3:43 PM