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    Speak Up! - View Question #409

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    Question: If you get arrested, but the officer never reads you your rights Does that mean you were never technically arrested?

    Answer: NO. It is not necessary for an officer to read you your rights in order to arrest you. Your 5th Amendment right to remain silent (or not to incriminate yourself) and additional right to an attorney are generally refered to as your 'Miranda Rights' (based upon an Arizona case that went to the United States Supreme Court in 1966).

    An officer is only required to read you your rights if you are in custody and he is interrogating you (asking you questions.) A failure to advise a suspect of his or her rights can result in the state not being able to use the person's statements against him or her in court. (As a result of another Arizona case, In re Gault, if you are under 18 years old, when the officer does read you your Miranda rights, he must also ask if you wish to have your parents present.)
    Comments
    1 thru 2 of 2 comments    [ 1 ]   
    On 01/21/05
    BladeLaw from AZ said:
    Miranda Rights: "You have the right to remain silent; anything you can and will be used against you in a court of law. You have the right to an attourney, If you cannot afford an attourney. One will be provided for you."
    On 01/05/04
    Stacey from IA said:
    I feel you should put a copy of your meranda rights on this page for the ones who don't know them.
    1 thru 2 of 2 comments    [ 1 ]   


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