QUESTION
What can I do if my house was raided by swat police handcuffed me and question me without reading my Miranda rights?
Asked on Jan 13th, 2013 on Criminal Law - Texas
More details to this question:
My Miranda rights were read to me until I got to jail. Is that legal?
9 ANSWERS
John J. Carney
Your house was raided because the police had a search or arrest warrant, usually because the occupant is a drug dealer. Your rights were read to you before they questioned you I assume, they did not have to read them until the interrogated you. Did you think they would have to dismiss the charges because they were not read to you until later at the station? What exactly is your complaint? The police did what they had the authority to do.
Answered on Mar 11th, 2013 at 8:12 PM
Geoffrey MacLaren Yaryan
If you are question after an arrest without an advisement of your Miranda Rights any statements made cannot be introduced in court against you.
Answered on Jan 24th, 2013 at 10:36 AM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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Questioning you after placing you in handcuffs and without a Miranda warning is a violation of your 5th Amendment rights, and the statements made can be suppressed. Don't be surprised if the cops lie and say you were Mirandized and waived your rights and spoke with them voluntarily.
Answered on Jan 16th, 2013 at 8:03 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your rights have to be read to you prior to interrogation, not at arrest.
Answered on Jan 16th, 2013 at 8:01 PM
Yes it is legal. They don't need to read it to you until they are about to interrogate you. This usually happens once you are at the station.
Answered on Jan 16th, 2013 at 8:01 PM
Michael J. Breczinski
They do not have to read you Miranda unless AFTER you are arrested that they want to interrogate you.
Answered on Jan 16th, 2013 at 7:50 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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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 Jan 16th, 2013 at 7:49 PM
Criminal Law Attorney serving Altamonte Springs, FL
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The Trabin Law Firm, P.L.
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It depends, were you questioned while you were in handcuffs or at any time you were in police custody? Police do not have to read you your rights simply because you were arrested. The law only requires the reading of Miranda rights during a custodial interrogation, not simply because you were arrested. If you were questioned by police without the reading of your rights, then a motion to suppress would be appropriate to suppress any of your statements. There is also a question as to whether the police obtained a search warrant before the search of your house. If the police did not have a search warrant then the search was likely unlawful.
Answered on Jan 16th, 2013 at 7:47 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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The only time Miranda rights come into play is if you are subjected to custodial interrogation.? If you make inculpatory statements in response to custodial interrogation, those statements are subject to being suppressed, but the case goes forward.
Answered on Jan 16th, 2013 at 7:47 PM