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Does an arresting officer HAVE to read you your miranda rights?

Hutsonville, IL |

I was recently arrested for retail theft and none of the officers involved read me my miranda rights,,,,I asked an officer/jailer bout it and he tod me "oh they don't have to". Is this right they don't have to??

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Attorney answers 6


He may be correct. The police officer only has to read you your Miranda warnings if you are
A) Under arrest, and
B) Being questioned.

You do not have to be read your Miranda warnings outside of that. A police officer asking booking questions doesn't fall under Miranda warnings.

As a rule of thumb, booking questions mainly consist of what you would find on your own drivers license. Name, address, phone number, etc.

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That is correct. They only have to give them if they are going to question you.



Thank you for your prompt reply and information!


Miranda warnings need not be given if nothing the detainee says is to be used against him in court. The warnings are required when the person is not free to go (arrested) and makes statements that could be used in court.

People watch too much TV. There is no absolute requirement that Miranda warnings be read toi every individual and any time there is police involvement.



Thank you!


He is right. The way it is done on TV is a dramatic way to use up air time without having to do any writing. They never have to read you your rights. If they want to use something you say while in custody against you they have to have read them to you and obtained a waiver. See the link below.

This is a criminal charge. You need a criminal lawyer, now.

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They only need to read you your Miranda Rights if they are going to interrogate you and ask for information that could help them build their case against you. Any time law enforcement states they want to read you your rights, immediately request an attorney. Make it clear and obvious that you are asking for an attorney before you answer any further questions. Then be quite and wait for your attorney.


That is correct. You are only required to have your Miranda rights read if you are in custody and you are being questioned. If the police officers were not questioning you while you were in custody then they do not have to read you Miranda.