I was watching either this past weekend or the weekend before and there was a chase and the cops caught the guy. The guy made a big deal about the cops not reading him his rights. I have seen some cops read them their rights and some cops not. I've never been arrested so I don't know. Do they have to read you your rights when you are being arrested?
Cops
- Thread starter seeamovie
- Start date
kom526
They call me ... Sarcasmo
Sometimes you get placed in cuffs "for your protection and mine".:shrug:
General Lee
Well-Known Member
Nope
Then you are under arrest.
kom526
They call me ... Sarcasmo
Not every time. I've never had the experience, I'm just going by what I've seen on Cops and other shows like that.
If you are in handcuffs, then you are not free to leave. If you are not free to leave you are under arrest. You may not be charged, but you are under arrest. You may not be booked, but you are under arrest.
But the answer to the op's question, is even if being charged with a crime, a person does not have to be read their rights.
hvp05
Methodically disorganized
What definition of "under arrest" are you working on? Physically, technically, yes you are "arrested" in that you can not leave. But there are times when they hold someone in cuffs long enough for that person to calm down, or for the cops to gather further information, and if the suspect is not the person they need, they will let them go.
TurboK9
New Member
Miranda rights have nothing to do with being arrested. They only apply to the admissability of what you say and do AFTER arrest in a court of law.
IE, cops arrest me, I start blabbing about how "I capped the em-effer", they had better read me my rights if they want to use any of that against me in court.
It also applies to questioning, IE the cops have to read your rights prior to questioning you, pertinent to your arrest, and afford you opportununity to procure legal council.
foodcritic
New Member
OR detained.
And when they let them go, they are no longer under arrest.
You may call it "detained" for "investigative" purposes, or "officer safety" purposes, but once you deprive someone of their liberty, they are under arrest. Again, not charged with a crime, but under arrest.
foodcritic
New Member
True
Not really true. A spontaneous utterance on your part is not my fault and I able to be used as long as you start "blabbing".
I
That may be true. However police could question you with out Miranda. Depends on what you have to say. The police have many views on how and when to do it.
foodcritic
New Member
The have legal definitions. People get arrested FOR a crime. They are detained (a brief period of time) for investigation/safety etc.
Wrong. Miranda rights only apply to custodial interrogation.
foodcritic
New Member
Well.......true for the most part. However they can still question you w/o miranda.
hvp05
Methodically disorganized
Okay.
You are lumping being detained (as foodcritic said) and arrested together.But I have seen dozens of instances on "Cops" where they put someone in cuffs and the person asks, "Am I being arrested?" They'll say, "We're putting you in cuffs until we can figure out what's going on," or "For our safety and yours." When they take the person jail and book them, they're arrested. That's how the cops use it, not me.
foodcritic
New Member
That may not be actually true all the time. The rule of thumb for miranda would be:
1 Cops
2 Questioning
3 Custody
If your interviewing suspects for say a petty crime and you located someone and start talking to them and they make statements that incriminate themselves they may not be admissible. The question would be would a reasonable person think they were free to leave (custody)
Really is a fascinating discussions....
foodcritic
New Member
Okay.
But I have seen dozens of instances on "Cops" where they put someone in cuffs and the person asks, "Am I being arrested?" They'll say, "We're putting you in cuffs until we can figure out what's going on," or "For our safety and yours." When they take the person jail and book them, they're arrested. That's how the cops use it, not me.
The courts are not taking to the "safety" notion much. There has been some case law recently I remember reading. Basically the detention has to meet very strict guidelines.
This is how I roll at the local mall anyway
