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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 15929
Experience:  7+ years defending Misdemeanor and Felony cases.
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when is a police officer supposed to read you your Miranda

Customer Question

when is a police officer supposed to read you your XXXXX XXXXXghts after placing you under arrest. Can a police officer arrest you on a warrant without a copy of the warrant being present? Can a police officer search your vehicle when they do not have probable cause without your consent after being arrested?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situations and concern. An officer needs to read you your Miranda rights, when you are in custody, not free to leave AND are being questioned about a crime. If this is not done, any statements or admissions made by the defendant could be suppressed and not allowed into evidence, at trial. The Officer should serve the person with a copy of the warrant and show it to them, so they know that they are lawfully being taken into custody and do not resist. At the same time, the officer has to use his/her judgment, since they may not be able to take the person into custody and show them a copy of it, since they may flee or be a threat/danger to the officer, if they know they are being taken away. In addition, a police officer is allowed to search a vehicle, incident to a lawful arrest. Of course, with consent, they can search any time but if not, they need to have probable cause or it has to be incident to a lawful arrest.

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Expert:  CrimDefense replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 1 year ago.

So If I am handcuffed and in the back of the police vehicle and they do not read me my rights until I am placed into holding is that right? He did not tell me that I had a warrant he asked me to step back to the car so he could talk to me I still have not seen the warrant that was why I was arrested. The officer asked if I had a weapon and I told him I had a permit to carry and there was a pistol in my truck, he said that he was taking my pistol because he would wait to verify my permit was valid. When I got out of jail they kept my pistol. Is this a violation of my rights the way it was done, or would I had a reason to fight the arrest?

Expert:  CrimDefense replied 1 year ago.
They may not even read you your rights at that time. It will likely happen once someone speaks with and questions you about the incident for which you were taken into custody and being held for. If there was a warrant issued for your arrest ,it was likely a result of 1) being charged with a crime or 2) missing a court date. You should have an idea, even if the officer did not show you the warrant, why you were taken into custody and in jail. Since there was a weapon on you at the time, it was taken but can be returned at the end of the case or if you ask the Judge to sign an order to have it returned, as long as it is not needed in the case for which you were arrested on. You certainly have a legal right to fight this and first need to know the basis for the stop, which lead to the arrest and why the warrant was issued. You will then have a better idea if the officer had a legal right to search your car or if any evidence could be suppressed.
Expert:  CrimDefense replied 1 year ago.
Andy, did this help clarify everything?

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