arrested w/o miranda rights

What is the name of your state? colorado

Hi I was given an ordinance violation ticket by a local law enforcement officer. I had forgotten to bring my driver's license with me at the time, but the officer did call into her dispatch to find my license number and confirmed all my information with her. Afterwards, she still arrested me. I was wondering if being handcuffed and detained at the police station without being read my Miranda rights was a violation of due process. Please help.

Thanks in advance,
Christa

[racer72]

Oh my God, another person not read their Miranda rights!!! What is the world coming to?

You have been watching too much TV. The police are only obligated to read you your Miranda rights prior to questioning, not at the time of arrest. And basic questioning, such as your name, address, and birthdate, do not count.

[Bravo8]

To expand on Racer72's response, you are only required to be read your Miranda Rights if you are IN CUSTODY and being INTERROGATED.

Since you were handcuffed, you could argue that you were in under arrest and in custody. So unless you were asked "guilt-seeking" questions that applied to the offense you were suspected of, then Miranda doesn't apply.

As was said, your basic personal info has nothing to do with guilt, so it doesn't apply to Miranda.

Originally posted by racer72
Oh my God, another person not read their Miranda rights!!! What is the world coming to?

You have been watching too much TV. The police are only obligated to read you your Miranda rights prior to questioning, not at the time of arrest. And basic questioning, such as your name, address, and birthdate, do not count.

I am sick to death of people thinking they know all they need to know about the law from what they learn on t.v. Here's a suggetion if you want to know about Miranda right's pick up a book and read about it. or don't break the law and get arrested and then scream '' Nobody read my right's to me''. Kathie