Does a cop have to read me my rights if I was put in cuffs but I did not go to jail?

Question

I am accused of possession and the cops did not read me my rights. I have talked to a few attorneys and one said nothing I said could be used in court because the cops did not read me my rights. I haven't hired him yet and I just want to see if this is true.

Steven D. Dunnings · Answer

Reading your rights only deals with the admissibility of a confession in court.

Jules N. Fiani · Answer

No.

Cynthia Henley · Answer

If you are in custody, which means more than just being cuffed, and you were interrogated, then any inculpatory statements you made in response to questioning without being warned are inadmissible.  If you were being investigated, even if in cuffs, then it is questionable whether your rights were required yet.

Jacob P. Sartz · Answer

I would advise you to retain a  lawyer. If you need specific legal advice for your particular  circumstances, you should consult privately with an attorney. Most attorneys provide free initial consultations.   Speaking generally, a person is read their rights if the police wish to question them while they are in custody. "Miranda rights" are a big issue if there was an alleged confession while a person was in custody. If the proper procedures were not followed, then the defense may be able to file a motion to suppress the alleged statements. However, suppression motions should only be filed after a thorough and careful review of the applicable case law, facts, and potential evidence that could be introduced at the hearing. Further, these motions should only be undertaken as part of a carefully planned trial strategy.

Geoffrey MacLaren Yaryan · Answer

Your Miranda rights must be read to you only if you are under arrest and the police wish to question you.

Robert Driessen · Answer

This is a Miranda issue. The question to the court will be where you in custody and being interrogated. If both of these were occurring than yes the court should determine that those statements you made are inadmissible.

Mark R. Thiessen · Answer

You only get Miranda read to you if they are going to interrogate you.

Michael Palumbo · Answer

It may be true it depends on the specific facts and circumstances of the questioning. Not every time you are stopped by the police is it a custodial interrogation the police do have the common law right of inquiry.

Eric Sterkenburg · Answer

You need not be Mirandized to be arrested. There is a difference between being arrested and being questioned. Basic questions, such as name, address, and Social Security number are not covered by the requirement of a Miranda warning. Additionally, the police also need not Mirandize someone who is not a suspect in a crime. If you are questioned When you are in custody anything you said cannot be used by the prosecutor in the case that is different from the statements you made during the time you were in custody. Custody is defined as being detained by the police such that a reasonable person does not feel free to leave. In this case any statements after you were handcuffed fall under Miranda and cannot be used in the case in chief. As to if the statements before you were handcuffed can be used that depends on if you were in custody.

Michael J. Breczinski · Answer

They can arrest you without reading you your rights. But if they want to talk with you about the matter, then (if you are under arrest) they have to read you your rights. If you are arrested and just start talking without being questioned then they can use your statements against you.

Jacob Erickson · Answer

The police are not required to read you your Miranda rights unless two things are present.  First, you have to be in custody.  If you were placed in handcuffs you were most likely in custody.  Second, there must be interrogation.  That means that the police have to ask you questions while you are in custody.  If those two things are present, then the police are not allowed to use anything you say in response to their questions against you.  That does not mean that everything you say can be excluded.  There are exceptions that apply to driving while under the influence matters, and your statements can be used against you if you volunteer them.  For example, if the police officer puts you in handcuffs and you look at him and say, "I did it!  I am guilty.", those statements can be used against you, because you volunteered them

Craig Elhart · Answer

If you were the focus of the investigation, they should have read you your rights prior to questioning.  Failure to advise you of your rights could result in any statements being supressed.  An attorney who can review all of the facts would be in a better position to advise you on this matter.

Keeley D. Heath · Answer

The analysis goes somewhat beyond whether or not you were read your rights. There is also the question of whether you were in custody at the time you made the statements. If you were in custody and were not read your rights, then there is likely a viable motion to suppress your statements. However, the judge will ultimately decide if your statements are admissible or not.   Additionally, your statements would still be able to be used against you if you testified to something different at trial, for impeachment purposes.

Leonard Harden · Answer

Miranda rights require you be advised of right to remain silent when in custody.  If you made inculpatory statements without questioning those statements may be admissible.  It really depends on facts.  Miranda is the most commonly misunderstood area of law among non lawyers.

Dennis Roberts · Answer

The issue is NOT whether the cop gave you a Miranda warning.  If you then made  an incriminatory statement you can argue that the statement should be  suppressed.  If you didn't incriminate yourself not giving you the warning is  meaningless - no harm, no foul.  But even if you made an incriminating  statement, who do you think the judge will believe and you have no credible  witnesses - a "he said, she said" with the cop?  It is VERY DIFFICULT to win  this sort of motion.  So the legal advice you are getting is true, but  essentially worthless.

James E. Oliver · Answer

The general rule is that if you were placed under arrest, the officers have to read you your rights. If they failed to read you your rights, then whatever you said cannot be used against you in court. However, there are exceptions to that general rule. You should also consider that the cop will probably say that he read you your rights even if he did not.

Marshall Tauber · Answer

What the lawyer said is partially true.  What you SAY cannot be used against you if you said something in response to police questioning & they did not warn you first.  But, if you just said something without being warned then you waived your right to remain silent.  I would suggest you look for a more enlightened attorney.

Harley Gutin · Answer

No. Only if he was going to and did interrogate you.  Then the remedy would be suppression of any statements or responses to questions by law enforcement after being arrested.

Kenneth Wincorn · Answer

Listen to your attorneys and ask questions. The answer you said you got is not complete. There are some statements that are admissible with out Miranda warnings.

James Lochead · Answer

It is true that nothing you said could be used against you since you were not read you rights.  Unfortunately, in a charge for POSSESSION, what you said doesn't matter. The crime is complete if the police found you unlawfully in possession of a controlled substance.  They don't need your confession to get a conviction.

Stephen Freeborn · Answer

Based upon what you have said, that attorney may be correct.  An arresting officer need not read you your Miranda rights UNLESS he/she plans to ask you questions.  If the officer proceeds to question you without having read you Miranda, then the attorney is correct:  anything he may have obtained through the subsequent questioning may be inadmissible in court.   HOWEVER, let's say the officer stops you and proceeds to arrest you, and you begin spilling your guts without any prompting by the officer, then that information could be used in a subsequent trial.   Hire an attorney.

Michael Lynch · Answer

If by rights you mean your Miranda rights, then the answer is no.  We  often are aware of the Miranda warnings due to movies with arrests.  You  have the rights even if they are not read to  you.  The first attorney  you spoke with is correct.  If you are arrested and are not advised of  your right to remain silent, then your responses during an interrogation  might be kept out of evidence.  If, however, you were not interrogated,  then your rights have not been violated.

Jared Austin · Answer

That depends on the circumstances. Television and the movies haven't helped in clarifying the many misconceptions about Miranda warnings. First, the police do not have to read you your rights everytime they arrest you or even talk to you. Second, a Miranda violation will never invalidate an arrest. Let's take them now one at a time. The police only have to read you your rights when you are in their custody and they wish to interrogate you or ask you potentially incriminating questions. This is a case-by-case basis which hinges upon would the reasonable person feel free to leave or refuse to answer the officer's questions under the circumstances. Obviously if you are in handcuffs or have been arrested, you are in custody and not free to go. Now, did the police interrogate you or ask you incriminating questions? Routine booking questions such as name, address, etc. don't count. A lawyer would have to review the police report in order to fully answer the question. Also, even if there was a Miranda violation it will not invalidate an arrest. Miranda violations will only suppress statements and possibly evidence that was obtained by those statements. Sometimes due to Miranda suppressions, prosecutors will be left with so little evidence that they will have to dismiss or lower the charges because the suppressed evidence leaves them unable to meet their burden of proof. Hope this helps to clear things up a little. Haven an attorney fully review the case file before committing to anything.

Jared Altman · Answer

The remedy for not being read your rights ("Mirandized") is that any admissions found to be involuntary that  you may have made to the police cannot be used against you. It does not mean an automatic dismissal of the charges against you. The police know this so they don't bother Mirandizing you if they don't need your statements or a confession to prove your guilt.

Eric Rothstein · Answer

The police only have to read you your rights if you are in custody and being interrogated.

Paula Drake · Answer

If you were "in custody" (sounds like it due to the cuffs) and interrogated at that time, then the reading of the rights should have preceded the interrogation. The fact that you did not go to jail (but were probably issued a citation) won't matter. If you gave incriminating statements during the custodial interrogation, without having been read your rights, then your lawyer will make the appropriate motions to keep the statements out. That doesn't necessarily mean that there is not sufficient evidence against you even if the statements don't come in.

Jeff Yeh · Answer

What the attorney probably meant was, "Nothing you say after you were cuffed can be used against you in court." However, most cops are trained to get everything out of your mouth "prior" to putting cuffs on you. So, the Miranda violation may not help you at all.

Joseph Dane · Answer

Interesting that you're doubting what an attorney is telling you, but you're still thinking of hiring them.  Your rights must be given to you if you are 1) in custody and 2) being interrogated.  Cuffs does not automatically mean custody, although it certainly can.    If there was a Miranda violation and your rights should have been given to you, but weren't, then any resulting statement should be excluded.  If there is enough evidence to go forward without your statement, then the case can proceed.  A Miranda violation doesn't necessarily invalidate the entire arrest or case.

Jason Savela · Answer

If the police ask questions while you are in custody without Miranda, then those answers should be suppressed  cuffs usually means custody.

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Does a cop have to read me my rights if I was put in cuffs but I did not go to jail?

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