When stopped by a police officer on a traffic violation and you are arrested, are they required to read to Mirandatize you?

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I was alledgedly stopped for failure to yeild to blue lights and the officer stopped me in my back yard. He eventually arrested me and to this day I still don't know the reason why, however, he took me and booked me without reading me my rights! Can he do this?

Attorney Answers

3
Alan Brinkmeier ·
Miranda warnings are not necessary in the circumstance you posted. Only if the government wants to use something you SAID against you in a trial do you have a motion to suppress evidence argument. In your case, the government can make the case against you without that kind of evidence.
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Ronald Pichlik ·
Miranda warnings, rights, are only required when 1) you are actually under arrest and 2) the police wish to engage in custodial interrogation. That is your in custody and they want you to answer questions. You might want to check out the guide I wrote on this subject.
0 upvotes
Victor Carmody ·
Miranda rights apply in case you are arrested and then questioned about criminal activity,but not when the officer actually sees the traffic offense for which you were stopped.Also,should the police arrive at your house to question you about suspected crininal activity you should also recieve your Miranda warnings. Vic Carmody
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