If an officer arrests you for a speeding (48 in a 35mpg) and a marijuana charge is he suppose to read you your rights?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If an officer arrests you for a speeding (48 in a 35mpg) and a marijuana charge is he suppose to read you your rights?
Asked on July 2, 2009 under Criminal Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
It is not necessary for a police officer to read you your rights in order to arrest you. In most situations, the police will give the warning only if you are going to be asked questions; if they interrogate you outside the presence of your lawyer without giving the warning, any answers you give cannot be introduced in court as evidence against you. However, the police are allowed to ask routine booking questions such as your name, address, date of birth, and social security number in order to establish your identity, without reading you the Miranda warning.
These rights are your protection against self-incrimination only, not against being arrested. The only thing the police need before making an arrest is "probable cause" -- a sufficient reason, based on facts and observations, to believe you have committed a crime. Police must recite the Miranda rights only when they are about to interrogate a suspect. If they do not, then a judge might later throw out any statements made, though the arrest may still be valid.
R.S.T., Member, NY Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
According to the United States Constitution, as interpreted by the Supreme Court, and as it applies to all the states, yes, an officer is supposed to read you your rights after you have been arrested for a criminal offense.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.