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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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