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Do Police have to say what criminal charges are and give Miranda rights if you are subject to a warrant of arrest?

La Puente, CA |

Police came to the residence and said we have a warrant for your arrest. The person said for what? Police replied "you know for what" and proceeded to hand cuff the person and put him in the cruiser. Did not know charges until booking

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Best Answer

California Penal Code section 841 requires the officer to inform the person being arrested of the intent to arrest, the cause and the authority under which they're being arrested. Technically, they should have advised you that you were being arrested on a warrant for ____ charge. It's more of a technicality, since the failure to advise you really won't impact the case unless they alleged you were resisting arrest, in which case your attorney could argue that you were being unlawfully arrested based on the failure to comply with 841.

Regarding Miranda - it's not like on TV or in the movies. Just because you were arrested it doesn't mean they have to automatically give you your rights. If you are in custody (arrested) and being interrogated (questioned in any way), then they must give you your rights or the statement will be inadmissible.


The police do not have to say what the criminal charges are (partly because the police can arrest you even if no charges have been filed).

Furthermore, the police are under no obligation to give you a Miranda warning. If they subject you to custodial interrogation without giving you a Miranda warning, they will generally not be able to use your statements against you in court.

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