Arrest

[talkquick]

What is the name of your state (only U.S. law)?
I live North Carolina. At what point should an arresting officers read a person their manranda rights. Should there be documentation on where they have presented the rights to the person. If so should there be a signature indicating that the rights were read or denied.

 

[Zigner]

What is the name of your state (only U.S. law)?
I live North Carolina. At what point should an arresting officers read a person their manranda rights. Should there be documentation on where they have presented the rights to the person. If so should there be a signature indicating that the rights were read or denied.

It's not a TV show. They don't EVER *have* to advise you of your Miranda rights. However, prior to questioning, they would need to advise you or your statements might not be admissible.

 

[Some Random Guy]

I live North Carolina. At what point should an arresting officers read a person their manranda rights.

When they person is under arrest and the police begin questioning the person about the crime. Note that you can be detained or secured without being arrested and you can be asked some questions with out Miranda, such as name, address, etc.

Should there be documentation on where they have presented the rights to the person. If so should there be a signature indicating that the rights were read or denied.

This is a matter of police department policy. Often, the documentation will be contained in the police report where the officer writes something like "at this point I read the suspect his rights."

Requiring the police to obtain the signature of a suspect when they are read their rights is unworkable in most situtations. But for interrogations at the police station, the police may have the person sign an acknowledgment or waiver of their rights just as further evidence that their rights were explained to them and that they chose to speak to the police anyway.