Miranda rights??????

Question

k, so my brother got arrested in a random checkpoint and was charged with a misdemeanor, and possession of dangerous drugs. They found a pot pipe in a bag with some unburned pot in it. Do they have to read you they miranda rights?

Answer 1

I think so

Answer 2

IF HE WAS ARRESTED THE ANSWER IS YES. IF HE WAS ISSUED A DESK APPEARANCE TICKET THE ANSWER IS NO. THE TICKET IS ISSUED IN LIEU OF AN ARREST. WHICH MEANS HE COULD HAVE BEEN ARRESTED BUT WAS ISSUED A TICKET INSTEAD. IF HE DOESN'T APPEAR TO ANSWER THE SUMMONS THEN HE WILL BE ARRESTED. FOR  FAILURE TO APPEAR. IF ANYONE IS ARRESTED THEY ARE READ THEIR MIRANDA RIGHTS. AT NO TIME EVEN IF YOU ARE INNOCENT SHOULD YOU TALK TO THE POLICE WITHOUT COUNSEL.

Answer 3

WHY????? Why do people ask this so often on here? So you answer is, no. NO. Custody and interrogation have to occur for Miranda to be necessary. The arrest itself does not require Mirandizing.

Answer 4

Nope, only if they were going to ask him investigative questions.  But they found the evidence they needed to charge him without questioning him.

Answer 5

No.  The Miranda WARNING only needs to be read under two conditions:

1) The person is in custody

and

2) The person is being interrogated.

That's it.  Unfortunately bad television has convinced the American population that the Miranda Warning is a free ticket out of an arrest.

When it is actually time to read the Miranda Warning, it will be done at the station, being tape recorded, possibly on video, with a form in front of you that you initial after every single statement and sign at the bottom.  that way there is no confusion as to whether it was read or not and whether it was understood or not.

Answer 6

Miranda only applies when both of the following exist:

1. You are under arrest, and not free to leave

2. You are being questioned about the crime you are in custody for.

The US Supreme Court has rules a traffic stop is a "temporary detention", and not police custody, so Miranda is not always necessary.