Ok, I was arrested on Wensday for speeding. The officer never read me my Miranda Rights, you know the ones that go “You have the right to remain silent” and so on.
Now, I’m just wondering if this is something I should talk to a lawyer about, I’ve never been arrested so I don’t know if they have to read you your rights on every arrest, or only for serious crimes.
I’m located and was arrested in Georgia.
Former full time police officer, current part-time officer checking in. (Hey, I couldn’t give up the badge completely:D)
Police do not have to read you your rights on every arrest. So many times I’ve arrested people for things like disorderly conduct, cuffed them, booked/finger printed/photographed them, made them sit in a cell until someone posted their bond, then as they walk out of the station they give this smart ass smirk and say “I’m going to get out of this because you didn’t read me my rights”.
I’d love to see the look on their face when their lawyer told them I didn’t have to mirandize them for an ordinance violation arrest.
But this is Wisconsin, not Georgia. Talk to your attorney.
Not a lawyer.
My understanding is that the Miranda ruling deals with the admissibility of evidence. If you weren’t given your rights any information gained from questioning you after the arrest can beexcluded at trial. However, if they can make the case by other evidence like a radar “speed gun” or a traffic officer pacing you in a car with a calibrated speedometer then the lack of the warning is of no consequence and you’re still on the hook.
I get a kick out of tv cop shows where the officer is fighting with a suspect and trying to cuff him, while at the same time yelling “you have the right to remain silent…”:rolleyes:
Let’s face it, 99% of what most people know about the law/police work, they get from television, and alot of it is wrong. Even shows like “cops” are a little misleading because not everything is shown or explained (lot’s of editing…trust me!). And some show boating is going on.
what else I love are women who scream about getting searched or patted down by a male officer, insisting he’s breaking the law.
Nope.
pkbites, while that link is informative, and I can understand the rationale behind its position, the whole attitude of “let’s keep the citizen ignorant of his rights as long as is legally possible” really makes me want to avoid telling a police officer anything, ever, unless I have to.
That’s typically a fairly good life strategy. It is an especially good strategy in the event that you have committed, or are committing, crimes.
The US Supreme Court has set the rules for the use of the Miranda Rights. They must be read to a person if they are to be subjected to custodial interrogation. This means that the person must be in custody (and they define that as the functional equivalent of arrest, and they are going to be questioned. If both conditions aren’t met, no rights have to be given.
Washington state does have a separate court rule that requires that anytime a person is arrested, they must be advised that they have the right to an attorney.
BTW, I’m a detective sergeant with 17 years on the job, so I deal with this question on a daily basis.