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does an officer have to read your miranda rights?

14 Answers

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  • pepito
    Lv 6
    10 years ago
    Favorite Answer

    When you are arrested, no. But when you are being interrogated or questioned, yes. This is a common misconception.

  • Zach
    Lv 7
    10 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
  • Anonymous
    10 years ago

    The officer never has to read you your Miranda rights. However, if he doesn't, your confession cannot be used against you.

  • 10 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.
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  • 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..

  • 10 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.

  • 10 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.

  • Anonymous
    10 years ago

    Yes they are required by law.

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