How is a officer able to detain me as a citizen, not read me my rights and later release me?

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Arrested without being read my rights, handcuffed, put in back of cop car, officer starts to drive off in reverse, stops makes a call puts the car in park then releases me.

Attorney Answers

4
Robert Degroot ·
Surely, there are more facts than you have given here. Not reading the rights to you is of no consequence.
0 upvotes
Byron Ketcham ·
Officers detain citizens everyday legally. It is very unclear as to what happened and why you were detained.
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David Johnson ·
When I was an officer, I never read anyone their rights. Miranda warnings are only administered if you want to ask questions and have the answers admissible in court. It is not unusual to cuff someone for safety even if you later release them. David
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Nathaniel Abell ·
Good question, and a very common misconception. Just to be very clear, "reading you your rights" is a very important right, but only binds when you are subject to a custodial interrogation. There is no right to "be read your rights" every time you are arrested or detained, despite that everyone says "they have to throw the charges out". Yeah, police often do it on TV as soon as they nab a perp, but that's because it looks cool. Police need not Mirandize you unless you are 1. in custody and 2. subject to an interrogation. You can't be put under a hot lamp without them, but you can be put in a back seat. I hope you never end up in a situation where you have to learn that distinction first-hand. I agree with the other attorneys who are saying you'd need to talk with an attorney to clarify what rights you have and what remedy you might have given your specific case in your specific city/county. Otherwise, I'd bet you could Google your way through a few Supreme Court cases to a good answer.
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