When a Woman is being arrested can?

Question

Can two male officers come with an arrest warrant for a women and arrest her. search her, hand cuff her and transport her to the police station without a female officer being present the entire time. did not read me my miranda rights and left my minor child in the front yard crying cause she looked like she might be 18. And what should I do about this because the person they answer to just laughed.

Answer 1

yes they can do that and no they do not have to read you your rights at the time of the arrest and they are not required to verify whether the kid is over 18.  

Answer 2

you werent read your rights because you werent arrested.  You were bvrought in for questioning which means you would be released in 8 hours.  A child under 14 has to be brought to child services and then you would have been arrested.

Answer 3

Yes to all your questions and miranda doesnt need to be read when arresting someone.

Answer 4

It all depends on what they were arrested for. They had a warrant for the arrest. They did something irresponsible and are looking for a way out of it

Answer 5

YES TWO MALES MAY AND DO TAKE YOU IN.  IT IS OKAY FOR A MALE OFFICER TO CONDUCT A CLOTHED SEARCH OF YOU.  WHEN YOU GOT BOOKED I'M SURE A FEMALE CONDUCTED A STRIP SEARCH.  AS FAR AS THE CHILD IF THEY KNEW THE CHILD WAS YOURS WITH NO ONE ELSE TO CARE FOR HER CPS WOULD HAVE BEEN NOTIFIED.  IF YOU REFUSED TO EXPRESS THAT TO THE OFFICERS YOU COULD FACE MORE CHARGES

Answer 6

There are no laws requiring a female officer be present at the arrest of a woman, or that a female officer must do a physical search on her, or that a female officer be present to transport her to the police station.

Also, police are only required to warn an individual whom they intend to subject to custodial interrogation at the police station, in a police vehicle or when detained. Arrests can occur without questioning and without the Miranda warning — although if the police do change their mind and decide to interrogate the suspect, the warning must then be given.

In some jurisdictions, a detention differs at law from an arrest, and police are not required to give the Miranda warning until the person is arrested for a crime. In those situations, a person's statements made to police are generally admissible even though the person was not advised of their rights.  See link below.

In your case the police had a warrant, so had already made up their minds to arrest you, and thus were not planning on interrogating you to decide if they would arrest you.  

As far as leaving a minor who appeared to be 18 in the yard crying, the officers could simply state this and be absolved of any wrongdoing.  Did you tell them that she was a minor and that you didn't want her left alone?  If so, then their actions may have been a violation of their particular police department, but the most that would more than likely happen to them is that they would be informed of the policy and told not to do it again.

The person they answer to should have conducted him or herself in a more professional manner and informed you of these things in a polite way, but they just proved that there are ill-behaved persons in all walks of life.  You can report his or her actions to their supervisor.

Answer 7

I think it was a mistake for them to serve a warrant for a female without a female officer present.  It might be different if it was no-warrant arrest, but in this case, I think they should have brought a female.  I don't know that it is illegal......you'd have to check with the state department of justice.  As to leaving the child at home, that's is probably the bigger problem for the cops.  They definitely should not have left a minor alone, that's just asking for a problem.  I don't think they are required to advise you of your Miranda Rights, unless they ask you questions.  You need an attorney, and your attorney should ask these questions for you.  If nothing else, it should help prove they mishandled the case, and may make things easier for you in the end.

Answer 8

I'd laugh too!

Answer 9

i say you press charges or......put a hit on them. either way you'll probably make them suffer.

Answer 10

so you think you should get special treatment because you are a woman?

I think that when they request a female transport is when there is only one officer, when their are 2, you are less likely to acuse them of doing something.  

Answer 11

you sound ghetto. I think you made this **** up for some attention. Your story got to many holes in it. The police will never place a suspect handcuff in the front seat of a patrol car. If a suspect is in the back seat already, they will call another unit to place the additional suspect in that car.  GO cook some chicken and biscuits.