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Does a person have to be read their Miranda warnings before or during an arrest in Arkansas?

Heber Springs, AR |

A friend dialed 911 to request an officer to mediate a problem between himself and another man outside a local restaurant where my friend daily drinks coffee and listens to the radio at an outside picnic table.The other man was not a customer at the time.The man had pulled his motor-wheelchair next to my friends truck and steadily blew his horn trying to start a fight.The police arrived on foot. My friend attempted to greet the officers and was rebuffed.Before he could explain the situation the officers told both to leave the lot.When my friend tried to again explain one officer put handcuffs on one wrist and when my friend again tried to explain he was put in a choke hold,taken to jail and charged with resisting, filing a false report,and failure to comply.He was never Miradized.

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Attorney answers 1

Posted

Law enforcement is not required to read a person's Miranda rights to them before arresting them. Basically, Miranda warnings are to be given before the officers can use anything you say against you. If the police want to take a "custodial" statement from you, then they have to read you your rights.

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