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SUPER IMPORTANT!!! miranda rights question

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alexisjade2001

Guest
this might be the very basic of the basic, but what if the
arresting officers were so busy laughing at each others jokes that they forgot to read my boyfriend his rights? If anyone can give me some info about whether this is something that can get these bogus charges dropped, it would be greatly appreciated. . .
 


calatty

Senior Member
The police are required to read you your rights only if 1) you are in custody, AND 2) they are about to question you. If you are questioned without being read your rights, any statements you make should be suppressed, that is, not used against you. The case can still proceeed if there is otherwise enough evidence against you. Contrary to what you see on TV, the police don't have to give you Miranda warnings as soon as they arrest you, and if they never question you, they never have to read you your rights.
 
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sgt.lou

Guest
HI
I DONT KNOW WHAT YOUR BOYFRIEND WAS ARRESTED FOR. BUT IF THE POLICE OFFICERS DID NOT ASK HIM ANY PERTINENT QUESTIONS PERTAINING TO THE CHARGES AGAINST HIM THEN THEY DID NOT HAVE TO. THEY WERE JUST IMMATURE AND UNPROFESSIONAL. ONCE ARRESTED, OFFICERS DO NOT HAVE TO READ THE MIRANDA WARNINGS UNLESS THEY ASK QUESTIONS ABOUT THE CHARGES. NAME, ADDRESS, DATE OF BIRTH QUESTIONS MUST BE ANSWERED REGARDLESS IF RIGHTS WERE READ OR NOT. HOPE THIS HELPS.
SGT. LOU
 

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