Question: Do the police have to read me my rights before they can talk to me?
Answer: No. The police do not have to read you your rights before they talk to you but they must read you your rights before they arrest you. The point of arrest comes when they actually take you under their control by handcuffing you and/or taking you into their control where you do not have the freedom to leave if you want to.
If they are investigating a crime or they think you may have some information, they can just ask you questions without first reading you your rights.
On 06/06/04 Sherri from KS said:
Well last night I got a MIP. They never read me my rights. They asked me who got me the alcohol if i was drinking alcohol. Then they took me to the police station never handcuffed me. But never read me my rights and gave me a ticket on the spot and let me walk home.
On 03/29/04 Mikey from CA said:
Actually, the moment where police have to read a suspect his or her rights is defined as "custodial interrogation," which is not the same as the moment of arrest. This means someone can be arrested, taken to a police station, booked, and thrown in jail without ever hearing of his or her rights. Police need only read the "Miranda" rights before asking a suspect questions while he or she is "in custody" (at a point where he or she no longer feels free to leave). Although practically speaking, arrest and questioning two go hand-in-hand, the reading of rights is not specifically required.
On 08/29/03 Matt from AZ said:
Everytime that i have been takin into the cops control and not have the freedom to leave i have never been read my rights..can i do something about it.
On 07/18/02 AJ from FL said:
I was once arrested for fighting and the cops just asked me what happened and how it happened and they put the handcuffs on me and didnt even read me my rights.
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