If an officer arrests you for a speeding (48 in a 35mpg) and a marijuana charge is he suppose to read you your rights?

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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 12 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 12 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.


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