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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 11-18-2005, 10:51 PM
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Arrest Procedure


I live in Healdsburg, California - Can anyone tell me at what point do your rights have to be read to you during the arrest process. If you are handcuffed, taken to the police station and given a court date, then released is there a point at which you should have your rights given to you?

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Old 11-18-2005, 11:22 PM
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Miranda rights should be read to you after you are arrested and before you can be questioned. if they arrest you but don't question you, there is no need for them to read them to you
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Old 11-19-2005, 12:40 AM
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Quote:
Originally Posted by AlanArcher
I live in Healdsburg, California - Can anyone tell me at what point do your rights have to be read to you during the arrest process. If you are handcuffed, taken to the police station and given a court date, then released is there a point at which you should have your rights given to you?

Thanks
No, there is NOT a point where your rights HAD to have been read to you. As gawm stated, both custody AND interrogation must exist. The majority of arrests we make do not require Miranda rights to be read.

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