Does A Cop Have To Read You your Rights?

[JoshuaKendall12]

A couple of days ago I was pulled over for a broken Brakelight. WHen I got pulled over the cop said my car smelled like pot. He asked me if I had any on me and if I did to hand it over and make it easy. So I reached in my pocket and handed him what I had, about 1/2 oz. I knew it would be a Misdamenor in my state, plus it would be my first drug charge. He told me to get out of the car. He then said I was under arrest for Posseion of Pot. He handcuffed me and told me to sit down on the ground while me searched my car. After he was done I was taken to jail. But at no point was I ever read my rights. He never said anything like "you have the right to remain silence..."he just said you're under arrest. I asked my mom and she said he may not have to since it was a misdamenor, but I thought cops, by law, had to read you your rights whenever you are arrested. Do they?

 

[PrincessLeeser]

Yeah me too!!!!!!!

Last Thursday My BF got pulled over for speeding and the officer just searched us and found less than an 8th of pot in the glovebox Then he started screaming at us telling us to shut the f up and that we were arrested but he didn't read us are rights! We didn't get anything on our rights until 5:00 in the morning. but aren't they supposed to read your right as soon as your under arrest?

 

[hgrego115]

"Cops" do not have to read you your rights unless they are going to ask you questions. That is why the Miranda states "You have the right to remain silent." Lets say he found the pot under your seat and wanted to question you as to who it belonged to. He would then have to advise you of your rights. In your case there was no real reason to ask you anything since you turned over the pot.

 

[calatty]

The police must give you Miranda advisements if 1) you are in custody, and 2) you are going to be questioned. If they don't, they can't use whatever you say against you in court (except to impeach you on cross-examination if you testify). When the cop asked you if you had pot, you were not in custody, so no Miranda advisements were required. Once you were handcuffed, you were probably in custody, but he didn't question you.