QUESTION
Is an officer required to read you your Miranda rights before arresting you?
Asked on Mar 21st, 2013 on DUI/DWI - California
More details to this question:
I got pulled over and the passenger I had with me said that the officer was going through things in my car while I was doing field sobriety tests with the other officer. For example: purse, glove box, and mu dart bag.
8 ANSWERS
Michael J. Breczinski
Well until they have arrested you and impounded the car then why were they going through your items? No they do not have to read you Miranda rights UNLESS they are going to question you about the matter AFTER they arrest you.
Answered on Mar 25th, 2013 at 9:39 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 Mar 25th, 2013 at 1:22 AM
Personal Injury Attorney serving Covington, KY
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Law Offices of Christopher L. Jackson, LLC
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Only if the officer asks you questions. Miranda only protects you from statements you may have made.
Answered on Mar 24th, 2013 at 8:12 PM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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No. Only if they intend on using any statements you make against you in court. If they have enough evidence without your own statements, it does not matter if they do not read you your rights.
Answered on Mar 24th, 2013 at 8:04 PM
No. Miranda only has to be read "after" you are arrested (ie. cuffed), and only if there is post-arrest interrogation. The cop probably got everything needed from your mouth prior to cuffing you, so Miranda is unlikely to help you.
Answered on Mar 24th, 2013 at 6:18 PM
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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Not necessarily. Your Miranda rights are triggered when you are both in custody and under interrogation. Until both of these requirements are present police need not read you your Miranda rights.
Answered on Mar 24th, 2013 at 6:12 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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No.
Answered on Mar 24th, 2013 at 6:09 PM
Domestic Violence Attorney serving Orange, CA
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Law Office of James Gandy
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No. An officer only has to read you these warnings if you are in custody and they plan on questioning you. Nothing about the Miranda Warnings concern searches.
Answered on Mar 24th, 2013 at 5:56 PM