Reading your right when arrested?

Question

Does a police officer have to read your rights no matter what the case when arresting someone? what happens if they dont?

Answer 1

Police are suppose to read you the "Miranda Rights" anytime that you are arrested.  If they don't, the case can be thrown out.

Answer 2

They are supposed to read them to you prior to questioning.  Anything you say prior to being read your rights carries less weight, and might not be admissible in court.  If they have evidence that you did wrong, that's all they need, it's very rare for a case to be thrown out simply because rights weren't read.  The Miranda rights are so well known that claiming you didn't know your rights rarely works.  Even stating that you knew you had rights that were supposed to be read to you indicates that you have some idea of what your rights are.

Answer 3

Miranda is only required when both of the following exist:

1. You are in police custody

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

If both of these are applicable, and the officer questions you without Miranda, the answers you give can not be used as evidence against you. Contrary to what some other posters stated, the case against you will not be thrown out, just the answers you gave.

Answer 4

Yes they do, to cover themselves in case the offender says otherwise.

Answer 5

no...you only have to get your rights read under Miranda if they question you....too much TV has people believing they have to get them at once or the arrest is no good...that's BS

Answer 6

No they do not. If there is no questioning done they do not have to read them.

There is Nothing that can be done

I went through this myself many years ago tried to get a case tossed on that Found out real quick that it really does not matter

Answer 7

The only time Miranda is required is if you are in custody, and going to questioned in regards to anything that could incriminate you.  If the officer is not going to question you, there is no requirement to read someone their rights.

Answer 8

Supposed to be able to get it thrown out if your Moranda rights were not read but its a tricky situation your word against his.