Do the police have to read me my rights If they put me in handcuffs?

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Do the police have to read me my rights If they put me in handcuffs?

Asked on March 13, 2013 under Criminal Law, Michigan

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 11 years ago | Contributor

The police do not technically have to read your your Miranda Rights at the moment they place you in handcuffs. Typically, at this point, you are considered "under arrest". The police do have to read you your Miranda Rights at the point in which they begin or attempt to elicit any statements from you concerning the alleged event in which you were arrested. This is usually done at the point handcuffs are placed, or before. Regardless, the police (excluding emergency situations) are supposed to read you your Miranda Rights and advise you of your right to remain silent. 


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