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Speak Up! - View Question #303 |
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Question: When taken into custody is the police office required to read you the Miranda Rights?
Answer: A police officer is required to read a person his/her Miranda Rights when two conditions are present.
-First, the person is 'in custody.'
-Second, the police officer is asking questions of the person.
If the police officer does not read the person his/her Miranda Rights when those two conditions apply, any statements made by the individual cannot be used against him in court as the statement will be suppressed (not allowed in court as evidence by the judge).
If a person is in custody and the police do not ask questions of him, but he volunteers information without being asked, then those statements can be used against him in court. Likewise, if a police officer asks a person questions and he is not in custody then the statements can be used in court.
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| Comments |
| 6 thru 10 of 14 comments |
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On 02/18/04
Heaven from MT said:
My step-sister and I both got arrested and the police never read us our miranda rights, can she get in trouble for not reading them, because she began asking us questions right off the bat, she never gave us a chance to say anything when she said that we were under arrest and to get in the car. Is that fair?
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On 08/17/03
Yvette from OH said:
My boyfriend was arrested and at the time of the arrest the police didn't have a warrant. They say they was order to pick him up. No Miranda rights was read to him. So people have to stand up for their rights. And I'm standing up for his rights since he is in jail.
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On 07/17/03
Brandy from AR said:
Can you sue the police officer for questioning you without reading you your rights?
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On 06/09/03
Maggie from SC said:
I was recently stopped for a traffic violation, and when the officer came to my car, he took my license and then asked me to step out of the car. He then searched my car without asking and when I said something to him about it, he said that he had the right to because there was a cooler in the back seat. He found alcohol and pot in my car. He told me to turn around and then he cuffed me. He didn't read me my rights and he never informed me exactly why I was being arrested. Is there anything I can do about this? Was he in the wrong?
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On 05/11/03
Stacie from TX said:
I was arrested for Possession of Marijuana at school and I was asked questions, handcuffed, taken into custody for 4 hours and I was never once read my rights, is this wrong?
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| 6 thru 10 of 14 comments |
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