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Boss
If a person is arrested do they have to be "merandized?' no matter what State they are in in the USA?
Is it true that in Michigan the police do not have to read a person their rights if they are arrested? I was under the impression that this was the law of the land.



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mtchndjnmtch
Rating
In these United States, if arrested, you must be read your rights. Good day.

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gohills
Yes! No matter what state you are in, everyone has to be read their rights before talking to police.

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Amber B
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i don't know but i think everwhere else they all are reqiured to give you your rights.

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chadchadbinks
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The reading of your Miranda Rights is federal law. You can be incarcerated without being arrested I believe, so this may seem to be an 'exception to the rule', although I am not 100% certain.

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italienne
Miranda is the law of the land.

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Mr. Goodhi
They won't read you your Miranda rights in Michigan. They didn't read them to me.

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karmah8081
Rating
Yes you are required to magistrated but the kicker is that it has to be done within 48hrs. It's not like the movies when they read them as you are arrested. The judge also known as a magistrate reads you your rights, asks if you need to be appointed an attorney and then you actually sign a paper saying that you have been read your rights. It also states on there what you have been charged with.

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Lorenzo Steed
It applies to all 50 states. Except Texas. If you get my drift.

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mt_pelion
If the arresting office does not read you your Miranda Rights they cannot use anything you say as evidence during your prosecution.

Most likely the reason some of the above posters did not have the rights read was that the officers were not going to need your words as evidence (i.e. you were caught on camera, etc.).

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chris
The Miranda case was decided by the Surpreme Court so it is the law in all 50 states. Michigan is no exception.

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Andrew D
Rating
it is the law of the land to be mirandized to be made aware of your rights before they are infringed upon but MI it could be different but i dont think so it is important to be made aware of rights you may have before you say things that can be used against you when in doubt shut your mouth and lawyer up

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bimeateater
No. There is nowhere in the USA that HAS to "Mirandize" you.

However, police like confessions, and they expect them. It is their single most effective tool. Especially when they have similar crimes they can link you too and offer a deal: confess to them all and only go up for this one. Confession is also very common in people who get out of the mood they were in when committing the crime and begin to be overwhelmed with guilt. A common response, though not in men named Orenthal.

If the police have not Mirandized you when you confess, or when you slip up and yield valuable clues, then those things are usually hard to get into evidence at your trial. Not impossible like TV shows imply or state, just hard. No jury outside Liberaltown, CA ever was unswayed when made aware of the existence of a confession, even after the judge cautioned them and polled each one under oath about being able to ignore the improper conduct of the prosecutor. Millions of jurors have blithely nodded or lied if asked, and gone on to use the knowledge anyway.

So they like to Mirandize you as early as possible unless they need you to feel secure because they haven't so you'll be careless in talking to them, perhaps not demand a lawyer before doing anything at all, and give them direction in their investigation/evidence collecting. Then you a) forget just when you said any particular thing,mess up and say it again AFTER you were Mirandized and b) get buried by things they learned they should look into when you were feeling secure and talking.

But there is no law, in any state, requiring these things be done like they do them on TV. Nor is there any federal law or regulation/code of conduct that requires it.

And that actually makes sense if you think about it far enough: if you can't use anything you learn before Mirandizing a suspect because we make such a law hoping to protect the innocent suspect, then you could, for example, never make an undercover drug bust as every bit of the suspect's behavior and words came before he was Mirandized. That may seem strained, but there is no definitional difference between you the suspect coming in for questioning and the (suspected) drug dealer being approached (essentially the same as being questioned).

So keep your rights utmost in your mind. You never have to do more than state your name to the police. EVER. Never speak to them without a lawyer you trust for skill being present and NEVER override that lawyer's advice. EVER. Never give any statement, with or without a lawyer present for 100 hours after the event. (This is what police officers are trained to do, for example after shooting a suspect. 100 hours. You will forget things and you will, truthfully, remember some things incorrectly until at least this long has passed. But you will be crucified by a jury who will believe, even though it is medically the very opposite of the fact, that the early statements are "naturally" more correct and any detail added or changed later is a lie.)

And teach others. No citizen is safe from legal abuse or harm unless we all are.

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Pfo
Rating
At some point prior to questioning you are supposed to be Mirandized. Although not being read your rights rarely holds up in court. If you tell the judge "I wasn't read my rights" that statement implies you knew that you had rights. I dare you to find someone in the US that doesn't know their rights upon arrest, it's been repeated on TV and media so much, everyone knows what they are. Anyone trying to get off their crimes for not being read their rights is trying to get off on a technicality.

Anything you say prior to being mirandized usually holds less weight in court, and can be dismissed by the judge from being evidence.

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Vbonics
It is the law of the land but they do not have to tell you at the exact moment you are arrested. In some states they will simply have you sign something with your Miranda rights on it. It's not always spoken to you when you get arrested.

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The Dude
No it's not true. I live in Michigan and have been arrested several times. They will always read you your Miranda rights.

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cclover _
Only if I'm questioning you about the charges you've been arrested for.

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debbthebee
Rating
Police only have to mirandize someone, in other words, advise them of their constitutional rights to remain silent and to have counsel present during questioning if the police consider the individual a suspect in a crime and they intend to question the individual about that crime. For example if an individual is picked up for drunk in public and is placed custody for that charge, they would not be mirandized in most cases. Public intoxication is a fairly straight forward violation which doesn't require a great deal of probig and questioning of the suspect which is what would neccessitate miranda. If, however, the same individual matches the description of a suspect in a string of home invasion burglaries that the police want to question him about, then the situation changes dramatically. In this second scenarion before any questioning takes place, a vigilant officer who wants to secure a good interview and, ideally a clean confession will first wait for the suspect to sober up, obtain a breathalyser test and then formally read the suspect his miranda rights. The breathalyser is taken to show that the suspect was sober and able to make an informed waiver of his rights. Questioning regarding the burglaries should only occur once the suspect has made an informed waiver of his miranda rights.

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gomanyes562
Rating
Miranda is the law of the land. But Miranda rights only have to be read before questioning. If the police arrest but do not interrogate, no Miranda rights are needed.

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Sherilynne B
It is not required anywhere that they be read their rights but if they are not read their rights the police cannot use what they say in court.

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spudwrenchfalling
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Not true at all. Just something you see on TV. You dont have to be read miranda unless you are going to be questioned.

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Lillian
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No. You only get read your Miranda rights if you are going to be questioned. that is true is all states.

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trooper3316
Miranda laws apply to all 50 states.

Being arrested does not require Miranda rights. They are only required when BOTH of the following are met:

1. The person is in police custody, and not free to leave
2. The police are questioning the person about the crime he is in custody for.

If they both are not met, Miranda is not required. For example, if the officer questions you at home, or on the street, you are not in custody, so Miranda is not required.

If you are arrested, and the officer does not question you about the crime, Miranda is not required.

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