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hamiton42

Junior Member
Should the police officer read you your Miranda Rights when they handcuff you and take you to the police station for the possession of marijuana and paraphernalia?
 


Zigner

Senior Member, Non-Attorney
Should the police officer read you your Miranda Rights when they handcuff you and take you to the police station for the possession of marijuana and paraphernalia?
There is no country in the world in which the officer must read you your Miranda Rights simply to handcuff you and take you to the station.
 

hamiton42

Junior Member
they found some marijuana and paraphernalia in my car and i have court on thursday so that means that they don't have to read me my Miranda Rights?
 

tranquility

Senior Member
Miranda speaks to custodial and interrogation. If you where in custody when you were interrogated, Miranda (and progeny) requires the police to inform you of your rights. The penalty for failure to do so is to exclude your testimony. Since the facts seem to indicate they don't need much, if any, of a statement to convict you; there's not really that much advantage for them to even spend the time questioning you.

By the way edit:
While Miranda tends towards the federal constitution, to make this right:

U.S. law only.
 

hamiton42

Junior Member
when they handcuffed me i had to sit in the cop car for like about an hour and a half. whenever they found something they would ask me about it. would they then have to read me my rights or what?
 
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