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does an officer have to read your miranda rights?
14 Answers
- pepitoLv 610 years agoFavorite Answer
When you are arrested, no. But when you are being interrogated or questioned, yes. This is a common misconception.
- ZachLv 710 years ago
The ONLY time an officer must read your rights is when these three items are present:
1. You're in police custody
2.,The police are questioning you when you're a suspect in that crime
3. The police intend to use what you've said in court.
If just ONE of those are not present, your right are NOT required. If your rights are required and they didn't read them to you, the only thing it does is strike your answers in court. It does not drop the charges against you.
Most people go through the entire process of arrest and sentencing without once hearing their rights.
Look up the case of Miranda. You'll see he got a mistrial for not being read his rights, but even without his rights being read and his confession being stricken, he was still convicted.
Source(s): I work in law enforcement, B.S. in Criminology - Anonymous10 years ago
The officer never has to read you your Miranda rights. However, if he doesn't, your confession cannot be used against you.
- SordenhiemerLv 710 years ago
Every answer so far is wrong.
The only time an officer is required to read you your Miranda rights is when you are in custody AND are being questioned regarding a crime.
The people here who say an officer is required to no matter what apparently get most of their knowledge from watching television.
Source(s): I am an ex-cop. - How do you think about the answers? You can sign in to vote the answer.
- 10 years ago
you must have your miranda read if your in custody and questioned...both have to be together...if they are investigating a crime and your not in custody no ...they dont need to give you your miranda rights..but lets say they arrest you and then question you about the crime..yes..they have to read you your miranda rights...i know because i was a cop..
- falsi fiableLv 710 years ago
No, the officer does not.
The only time it matters is if the prosecution tries to use your words at trial against you.
Someone wrote: "The only time an officer is required to read you your Miranda rights is when you are in custody AND are being questioned regarding a crime."
This is incorrect. So many people are terribly misinformed. Miranda only protects a defendant against his/her own words being used to prosecute him without waiving his/her rights. Officers are allowed to question people as much as they please, and even tell lies.
- 10 years ago
Yea that's why its called miranda rights named after a person who which they didn't read their rights too and sued
Source(s): Knowledge from junior year - 10 years ago
No,
If you are arrested and you make an incriminating statement you must be given Miranda rights if the prosecution plans to use that statement against you.
- Robert SLv 610 years ago
No.
It is wise to do so, but NOT required. It IS required if the officer is about to question you in reference to the crime.
- Anonymous10 years ago
Yes they are required by law.