your rights
#4
if you are officially under arrest, they have to read you your rights...if they handcuff you and throw you in the car and/or bring you to the station for detainment they don't have to read you your rights because you are not being arrested.
#7
Re: your rights
Originally posted by nate95sir
if a cop arrests you and doesn't ever read you your mirahanda rights the case will get thrown out right
if a cop arrests you and doesn't ever read you your mirahanda rights the case will get thrown out right
a judge would take a cops word over the suspect in a heartbeat
#8
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yeah if your arrested for a crime or what not they HAVE to read u your rights... alot of people got let go when the miranda court case went through cause they didnt' have their rights read to them....
and i think 93 Lude has it right about detaining...but not sure
and i think 93 Lude has it right about detaining...but not sure
#9
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They dont have to read you your rights if your arrested, only if your in custody and being questioned/interogated about what you were placed in custody for. If your arrested for drunk in public or assault in an officers presence (for example), he/she does have to read you your rights because he is not going to question you since it occured in his presence.
#10
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Oh and the detainment, if your in cuffs and taken to the "station", thats really usually considered a seizure of you because your not free to leave at any time, and constitutes custody.