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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
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Experience:  Licensed Texas General Practice Attorney
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Does the cops have to read u your rights during an arrest

Customer Question

Does the cops have to read u your rights during an arrest
Submitted: 11 months ago.
Category: Criminal Law
Expert:  ScottyMacEsq replied 11 months ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

It's not an absolute requirement, contrary to popular opinion. The "Miranda Warning" (from the US Supreme Court case that governs this area) applies to the right to remain silent, the right to an attorney, and a disclosure that anything said can be used against the individual in court.

ScottyMacEsq :

Now if the arrested individual says something after being arrested but no Miranda warning given, that statement could not be used.

ScottyMacEsq :

It pertains to oral testimony and statements given by the arrested individual post arrest ONLY.

ScottyMacEsq :

In fact, 99% of the time, in DUI cases, or other cases where oral statements would not be necessary (or even beneficial) to establish guilt (primarily because breathalyzer / blood test / etc... would be more relevant) police don't even bother to read rights (because they're not going to try to rely on the oral statements of the arrested individual).

ScottyMacEsq :

The lack of a Miranda warning does not make it so that the judge can dismiss the case. The only way that that could happen is if the sole or most substantial piece of evidence was a statement by the arrested individual, made after the arrest, without the warning being given. That evidence would be thrown out, and if there was not enough evidence otherwise to maintain the case, then the case would be dismissed for a lack of evidence.

ScottyMacEsq :

Now if they want to use statements that you make post-arrest against you, then yes, they need to read the rights. But it's not a requirement for a valid arrest that they read you your rights.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and good luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

Customer :

I was pulled over for tail lights but they worked my license was suspended that i didnt know about and they took my target pistol for havin it in the truck after shooting

ScottyMacEsq :

If there's nothing that requires an oral statement, then the Miranda warning would not be required. That is, these offenses are cut and dry, and regardless of what you say, the elements of the offenses could be established without your statements. The Miranda warning would only be able to be used to exclude statements made by you after arrest.

ScottyMacEsq :

If they can show that you were driving on a suspended license, tail lights, etc... those don't require statements by you. Now you might have some defense to that, but it doesn't affect the validity of the arrest itself, nor would likely be able to be used to get any evidence suppressed (except, of course, verbal statements by you after arrest).

ScottyMacEsq :

Does that clear things up?

Customer :

Wat about my pistol they took and never turned in

ScottyMacEsq :

That would be a different question altogether (outside of the scope of the original question asked, which I'm not supposed to answer per JustAnswer terms of service) but in short, if they stole your gun (that is, didn't put it in evidence, etc...) then you could sue the police officers themselves, as that would be theft. You could also complain to Internal Affairs, although depending on the department itself, that may or may not help.

ScottyMacEsq :

I'm sorry?

ScottyMacEsq :

I'm sorry you feel this is poor service. Can you tell me why you feel that way?

ScottyMacEsq :

Please don't "shoot the messenger" here, but rate the responsiveness of my answer to your question.

ScottyMacEsq :

Hello?

ScottyMacEsq :

I have no doubt that you're a decent person and didn't mean to "ding" me personally. Please note that the "poor service" designation does not indicate whether you're "happy" with the answer, but rather that the answer was faulty, etc... And please note that I don't get any credit or pay for the time (>20 minutes) that I spent with you today unless and until you rate it as okay or better...

ScottyMacEsq :

I would hope that you would at least give me the opportunity to correct any misunderstandings that you have regarding your situation.

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response.

ScottyMacEsq :

Should I continue to await your response, or may I assist the other customers that are waiting?

ScottyMacEsq :

Again, I'm sorry that you felt that this was poor service. Please don't "shoot the messenger" here. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and again, good luck to you!

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