If you are arrested, does the arresting officer have to read you your Miranda rights?

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If you are arrested, does the arresting officer have to read you your Miranda rights?

Asked on April 30, 2014 under Criminal Law, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You only have to be read your rghts if you have been taken into custody and then are questioned by the police. In such case, any incrimination statement that you may make cannot be used against you in court. If, however, you have been read your Miranda rights but then voluntarily answer any questions after that, ayou will be considered to hve waived your rigths. your statements may be used.

Note: Even if you are in custody you may be asked questions incidental to the booking proces (address, date of birth, etc) without you having been read your rights.

Nathan Wagner / Law Office of Nathan Wagner

Answered 7 years ago | Contributor

No, they do not have to read the Miranda rights when they arrest you. However, if you give a confession while in custody and they did not read the Miranda rights, they are not allowed to use the confession at your trial. 


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