Wednesday, December 23, 2009

Is an officer required to advise the arrestee of his rights immediately upon arrest?

Yes, the officer is required under federal law to read the arrested person their rights.Is an officer required to advise the arrestee of his rights immediately upon arrest?
When a suspect is taken into custody, they will be read their Miranda Warning - if the police do not read them this, then any incriminating statements the suspect makes whilst in custody will not be counted as evidence, so it's sensible for any policeman to read them their warning, even though it is not unlawful for them not to do so.





Being taken into custody is different from being under arrest, though their freedom of movement in restrained somewhat - they are not being charged with a crime.





Hope that helps xxxxIs an officer required to advise the arrestee of his rights immediately upon arrest?
No.





I don't read Miranda rights at all to most people I arrest.





It's only required if I am going to question you after I arrest you. Most people I arrest I don't need to question, so no Miranda rights.





Even if an officer DOES question you without reading your rights first does NOT throw out the whole arrest. It only throws out whatever you told him during questioning.
No. Only if the officer tries to question you. If you are arrested and transported without questioning there's no need to read you your rights. They'll be read to you when you're booked into the jail.
Seems like they always did when I was arrested. Of course I was usually drunk, and it's been a few years. So I don't really know.
There is so much violence in our world.





http://www.massivefighting.com/default.asp?refer=1094
Yes, they're called Miranda rights.
Only if he trys to question you

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