Question about arrest.

[tlibby]

What is the name of your state? New Hampshire

I was arrested, and when I was pulled over and handcuffed, I was not read my rights. I was not read my rights until I was at the police department going through the booking process, when I was read my rights from a piece of paper and I had to check off each item after my rights were read.

My question is, is this legal? Can this arrest be thrown out of court because I was not read my rights when i was pulled over and handcuffed?

[The Occultist]

Stop learning law from television shows, alright? Miranda Rights are only required after an arrest and prior to an interrogation. Failure to have rights read merely means that any statements they took from you after the arrest could not be held against you in court. It doesn't somehow make the arrest magically disappear. Nice try, though.

[CdwJava]

Originally Posted by tlibby

My question is, is this legal?

Yes ... for the reasons previously posted.

Can this arrest be thrown out of court because I was not read my rights when i was pulled over and handcuffed?

No ... also for the reasons previously posted.

The NYPD - and some other agencies scattered throughout the country - have a POLICY (not a legal obligation) that they read Miranda rights to everyone they arrest. Failure to do so does nothing to get your case tossed.

- Carl

[justalayman]

Originally Posted by CdwJava

The NYPD - and some other agencies scattered throughout the country - have a POLICY (not a legal obligation) that they read Miranda rights to everyone they arrest. Failure to do so does nothing to get your case tossed.

- Carl

Sounds like a good idea. Not only are any suspects read their rights before questioning (obviously post arrest) but if the suspect tried to argue the failure of the advising of rights, the well known policy would support the claim of the officer that the allocution did in fact take place.

[CdwJava]

Originally Posted by justalayman

Sounds like a good idea. Not only are any suspects read their rights before questioning (obviously post arrest) but if the suspect tried to argue the failure of the advising of rights, the well known policy would support the claim of the officer that the allocution did in fact take place.

Exactly right. That's why some agencies do it. And the arresting officers are generally advised to ONLY ask if the suspect understands his rights, not to ask if they want to talk. That way a detective or investigating officer can always initiate later knowing that the suspect has been Mirandized.

- Carl

[tlibby]

Originally Posted by The Occultist

Stop learning law from television shows, alright? Miranda Rights are only required after an arrest and prior to an interrogation. Failure to have rights read merely means that any statements they took from you after the arrest could not be held against you in court. It doesn't somehow make the arrest magically disappear. Nice try, though.

1. I don't watch that useless television, it rots ones' mind.

2. I thought it may have been a legitimate question.