cosmicwindwalker
|
yes they do
Was this answer helpful to you? Yes
/ No
|
|
areYOUawake?
 |
Yes its required federally. Good luck holding it up in court unless theres video. I have heard of so many situations where the miranda rights were not read, and it did not matter because of the burden of proof.
Was this answer helpful to you? Yes
/ No
|
|
Wolf
 |
The rights must be read to you as soon as they believe you may have committed the crime and they want to question you. If they just arrest you and do not read the rights and you confess the confession is inadmissible in court.
They generally read the rights in case you admit to the crime or other crimes. Without those rights all statements once you are deemed a suspect are inadmissible. But they do not have to read them before arrest.
Was this answer helpful to you? Yes
/ No
|
|
charlieb1488
|
No! You actually do not have a right to be informed of the reason for your arrest. Sounds weird but if it is a warrant arrest the court is the place for arraignment which means announcing the charges against you. Reading you your rights is only done to make sure you are aware that what you may say will be used against you. When you get to court you will have a lawyer to advise you to speak or remain silent. You have a right to be represented at all stages but since it is impossible to do that from the time of arrest they read you the Miranda rights until you actually have a lawyer.
Was this answer helpful to you? Yes
/ No
|
|
JB
 |
No. Miranda only applies if you are being asked self incriminating questions, such as during an interrogation. Miranda does not apply to the arrest itself, or simple questioning such as information needed for processing or identification.
You can be arrested, processed, and charged without ever being read your Miranda warnings. By the way, they are not called rights, they are called warnings, and simply refer to your Constitutional rights.
Was this answer helpful to you? Yes
/ No
|
|
okiknowit
|
Not if he has enough evidence that he doesn't need to use your statements to convict you.
Was this answer helpful to you? Yes
/ No
|
|
thegubmint
 |
Nope. In theory, you never have to have your Miranda rights given to you. But for any confession or admissions to be used in court, the cops have to read them to you prior to asking any questions.
Also, if you happen to just be talkative and brag about your exploits with no prompting, that will also be admissible in court.
Was this answer helpful to you? Yes
/ No
|
|
GIOSTORMUSN
|
Stop believing what you see on tv as factual. The general process goes like this.
A person accused of a crime is put in handcuffs, transported to the station, during this time what ever a person says is admissible as long as the officer/detective does not ask direct question about the crime.
When at the station the person is in an interrogation room is when Miranda warnings are given before questioning. Generally a detective will have a Miranda warning sheet they read off of, while one is in front of you and you are given your warning and asked do you understand the warning and to initial as they read each section. Then you are asked to sign the Miranda warning sheet before any other questions are asked. At that time a person can either wave their rights, or end the questioning and ask for a lawyer.
Was this answer helpful to you? Yes
/ No
|
|
Dan M
 |
In ANY state the answer is: NO. Miranda warnings are to be given ONLY when the person arrested is going to be questioned ABOUT THE CRIME he/she was arrested for. Miranda DOES NOT have to be given when a Police Officer asks pedigree questions to establish the arrested individuals identity.
Was this answer helpful to you? Yes
/ No
|
|
A.Mercer
|
Miranda is not a get out of jail free card. If you are arrested and the police do not inform you of your rights and then get you to admit to the crime without legal counsel (usually thru tricky means) then that admission of guilt would not normally be considered valid in court.
That is it. It is very rare for Miranda Rights to get a person out of jail. Usually when the arrest is made there is enough evidence to warrant prosecution. Other times, the lack of Miranda combined with evidence taken during interview without counsel after arrest can lead to a new trial with that evidence tossed out. However, there is usually plenty of other evidence to take the place of that and there is a new guilty verdict or a plea bargain.
Was this answer helpful to you? Yes
/ No
|
|
J
 |
No the requirement for Miranda is: arrest and interrogation . Or you can wave your Miranda rights(usually a written form).
Questioning before arrest or you telling them things after your arrest are not covered by Miranda.
Was this answer helpful to you? Yes
/ No
|
|
Rock Firestorm
|
Ten times a day.
This question seems to get asked ten times a day in here.
You'd think just ONE of these idiots would just take a minute and look before repeating it yet again, but no. These are not smart people.
Was this answer helpful to you? Yes
/ No
|
|
scott b
|
No. Only before questioning. Otherwise, anything you say can't be used against you.
Was this answer helpful to you? Yes
/ No
|
|
|▒▒Kebert Xela▒▒|
|
For the thousandth time on Yahoo Answers, NO....in the U.S. nobody has to be read their Miranda Rights upon arrest.
I'm not sure why people who have not been educated on the subject think what they've seen on TV is actual policy/law.
(like the answerer above me)
In order for your post-arrest-statements to be admissible in court, you need to be Mirandized.
That doesn't mean if you aren't read your rights, the charges go away.
Was this answer helpful to you? Yes
/ No
|
|
Bruce
|
Miranda is a US Supreme Court decision, so it applies to all states.
Miranda is only required when BOTH of the following are present:
1. You are under arrest and not free to leave, and
2. You are being questioned about the crime you are in custody for.
Miranda is a rule of evidence only. If it is required and not read, charges are not dropped. The remedy is any answers given can not be used against you.
The decision (Miranda v. Arizona) didn't even help the accused. Ernesto Miranda, the person Miranda rights are named after, confessed to a rape and robbery. He was convicted. He appealed and his confession was thrown out. He went through another trial, and was convicted again without the confession.
Was this answer helpful to you? Yes
/ No
|
|
Homepage 
Legal
Forum 
Law Enforcement & Police 
