In the United States....What if the Police didn't read me my rights?

This is a discussion on In the United States....What if the Police didn't read me my rights? within the Arrests, Searches, Seizures forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; Aren’t police required to read me my rights?...

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Old Jul 11th, 2009, 10:31 AM   #1
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Default In the United States....What if the Police didn't read me my rights?

Aren’t police required to read me my rights?
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Old Jul 11th, 2009, 01:35 PM   #2
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Default Re: In the United States....What if the Police didn't read me my rights?

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Aren’t police required to read me my rights?
No. The courts have made clear that police officers do not have to tell people that they can refuse to consent to a warrantless search. In other words, a police officer does not need to read you your rights before asking you to consent to a search. Also, despite the widespread myth to the contrary, an officer does not need to get your consent in writing. Oral consent is completely valid.

Many people believe that an officer must automatically read a person his or her Miranda rights as part of performing an arrest, either immediately before or immediately after an arrest is made. This is also myth.

The truth is that the only time an officer must read a person his or her Miranda rights is when: (1) the person has been taken into custody, and (2) the officer is about to question the person about a crime.
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Old Jul 11th, 2009, 01:40 PM   #3
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Default Re: In the United States....What if the Police didn't read me my rights?

The rights you are thinking of are called your Miranda rights. The purpose is to warn you that you don’t have to talk to the police if you don’t want to. The idea is that a person under arrest may not feel free to remain silent when he is questioned by the police. So the U.S. Supreme Court has declared that persons in state custody must be warned of their rights before being interrogated.
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