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I was charged with a crime, handcuffed, took to jail and questioned and the did not read me my rights is this a automatic dissmisal of the charge??...


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Additional Details
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Additional Details
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Additional Details
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A...



Emily
If the cops put handcuffs on are they supose to read me my rights?
Me and two friends were in a parking lot and he had an axe in his trunk so we took it out and started hitting a pallet with it. The cops came speeding up and one pulled his gun and told us to put our hands in the air and then cuffed us all. We didn't end up getting arrested but were they suppose to read us our rights?
Additional Details
They got a call and thought we were going to break into a car and started asking a ton of questions and then went and asked some witnesses. Are they supose to ask them seperatly or something?



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Josh
Rating
if they didnt arrest u why would they need to give u your rights? and you should of gone to jail why the h311 would u take out an axe and start using it outside.

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Stig
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It's funny, why would you play with an axe? Since they didn't arrest you, they didn't have to read you your rights.

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somerandomdude
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No. Whether you're being handcuffed for temporary officer safety reasons, or even arrested on a warrant or witnessed offense, they do not need to read your rights. The Miranda warning deals explicitly with questioning someone in custody, who is suspected in a crime. This does not extend to non-incriminating answers like name, date of birth, etc. If the officer has a warrant or saw you do something, for which they plan to charge you, and don't plan on questioning you, the Miranda warning does not apply. Some will go ahead and read it to you anyway, though, just in case you blurt out something they weren't expecting to hear. While a blurted-out admission without Miranda can still be admissible in Court, it's generally better if the suspect has been read their rights.

** edit **

http://en.wikipedia.org/wiki/Miranda_warning

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AUBURN
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Somewhere in the arrest "process" someone should have read your Miranda rights to you. Since you weren't arrested, merely "cuffed", that was probably a loophole.

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Bonnie C
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If you're not being questioned, it's not necessary. Or say if someone sign's complaints against you, such as for a "battery" or "assault", no rights need be read. Now if you were allegedly involved in some serious "aggravated battery", then you would really be questioned and rights would be read.......

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Quizzard
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You only have to be read your rights if you are questioned while in police custody. If they fail to do so, they run the risk of any questioning being inadmissible in court.

If they don't intend to use any information you give them in court, they do not need to read you your rights.

They can question witnesses any way they like, alone or in groups. That's up to the officers.

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David G
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No. Once they make a decision to arrest and inform you that you are under arrest, then your Miranda rights kick in. They can keep you in handcuffs for hours if they want to - even put you in jail on a 24- or 48-hour hold (depending on where you live) - without arresting you or reading you your rights.

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Joseph
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If you were placed under arrest they would have to...

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SCOTT M
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The police are only obligated to read you your rights after you have been arrested. I think being handcuffed would qualify as being arrested.

The police can ask witnesses anything they want to before those witnesses disperse. It might be impossible to relocate them later on.

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ou812 The Pardy of Nope pt3
Rating
No, the handcuffs are for "your safety". <sarcasm>

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kyle
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No, they don't have to read you your miranda's untill you're under arrest.

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Hunner
only if u are being charged with something. and yeah i agree with the other dude.

hand cuffs are for "your saftey" (sarcasm)

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☠EmoKilla☠
Only if they place you under arrest

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iamct01
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A police officer can contain you for their safety without arresting you.

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jamaicabound123123
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You only get your rights read if your arrested. You were not arrested you were detained.

Basically the cops had a right to cuff you until they figured out what was going on. You weren't under arrest, just handcuffed for your and their protecttion.

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