when the police arrest a mime, do they need to tell him that he "has the right to remain silent"?
99898
Hah, great question. My guess is that they have to say it anyway. The mime met get scared, slip up and start talking. That, and maybe they toss in a mime box around the guy to make him feel enclosed/locked up,.
361101
When a persons been arrested he is subject to search incident to that arrest. The search requires no warrant. Who did he ask for a lawyer? It's not the policeman's responsibility to provide the lawyer it's the court that does that. As far as having "grounds" he was under arrest, the officer doesn't need grounds! The search is justified because he is arrested. Whether anything was found has no bearing on whether or not the search was justified. This is the law, the Supreme Court has upheld it. We appreciate the service to our country but that has nothing do do with the crime he was arrested for.\nFurthermore since this person was arrested for filing a false report "lying" how much of his story should we actually believe?
206848
Yes, the mime would complain, but fortunately, not loudly.  I think you should do it just to annoy mimes to get them back for annoying the heck out of me.
444939
First off, the only time you have to have your rights read to you is if you are under arrest (or the equivalent restraints) and the police are interrogating you. The end. \n\nAdditionally, even if the officer intends to arrest you and he doesn't tell you he's going to, he still doesn't have to read you your rights. \n\nSo, what exactly is your situation? You said your lawyer told you that the police didn't have to read you your rights, but you didn't say what happened.
874141
Your Miranda Rights do not have to be read to you UNLESS the police are questioning you.  Anything you say voluntarily is admissible, as long as the police did not coerce you into answering it.  For example, if you have NOT been mirandized and the officer says something likely to evoke a response like "Why did you kill her?" or "I can't believe what a monster you are!" THEN your statements could be argued as inadmissible in court.  Ultimately though it is up to the judge to decide.  It goes to the intention of the officer.  If he/she was trying to get you to say something like "She deserved it," then it is likely to be inadmissible, but an officer does not have to read you your rights to engage in simple talk like your name, address, the weather, etc.  \n\nBasically, ASK FOR A LAWYER AND SAY YOU DO NOT WANT TO ANSWER QUESTIONS!  Once you do that, BY LAW, ALL questioning MUST STOP!
660685
he can just give you a warning, he can give you a ticket, or since a ticket is given in lieu of an arrest, he could arrest you....its officer's discretion\n\n\nthere is no law that says an officer HAS to issue you a ticket
227271
Self-incrimination comes into play when you are in custody and subject to interrogation.  If you are in the back of a police car and are talking to yourself, it would be difficult to claim you were being interrogated.  \n\nIf you are in the back of a police car with a partner in crime, whatever the two of you talk about is fair game...again, you are not being interrogated by the police.\n\nIf you are in the back of a police car with a police informant who was put there just to listen to you talk (and did not question you), it's still all fair game because you're not being interrogated.\n\nLong story short: if you're blabbing to anyone (including yourself), without interrogation, you're almost certainly incriminating yourself and what you say is almost certainly going to be admissible at trial.\n\nDespite what others have said, just because you are arrested, handcuffed, and put into the back of a cop car, you may not have been "Mirandized"...I can't remember the last time I gave someone a Miranda admonishment just because I stuffed them into the back of my car after arresting them - and in my state, there is no requirement for me to do so.\n\nNote: some states have strange laws about who can record who and when.  While law enforcement might be guilty of violating one of those laws (though I can't imagine why they would), they are not about the Constitutional right to avoid self-incrimination.
112511
The 5th amendment is the right to remain silent. So when someone pleads the fifth, that are acting on that right. Now, it is often used as slang too, when someone does not want to talk about something, but it is used on court cases so you do not have to incriminate yourself.
280196
Cops want you to fear them. They are out to control everything involved in arrests. They would let you sing all day if it wernt for the Meranda rights. Even then they try to get you to talk before the merandize you. and anything you say will be used aganst you in court. The best bet is to tell them you want a lawyer every time you talk to one. Whether you are under arest or not. Once you ask for a lawyer they can not make you talk and if they do you can sue them for harassment.
580031
Well, they are breaking the law by disturbing the peace. But the police will not do anything. So why would you be arrested for causing minor damage to their cars?   If you were arrested, you could plead  insanity due to their  driving you nuts with their loud music, violating your privacy. That way, you would be not guilty by reason of insanity, and guess what?\nnothing they can do about the damage you done, because they drove you to do it in the first place.\nSince those loud idiots refuse to turn down the volume, they deserve all the damage anyone can do to their cars.
189191
There are alot of laws that give a police officer the power to arrest you. Those laws are mainly there for peolple that get out of control. It is up to the officer to decide if ones actions warrant arrest depending on the situation and that persons attitude. I was lighting fireworks with my kids the day after 4th of july because their cousins missed my fireworks show the night of the 4th. The police showed up, wanted to know why I was lighting fireworks and asked me to stop. Fireworks (at leat the ones I was shooting off) was illegal. I could have been arrested without them asking me for a explanation and certainly been arrested had I not complied.
739625
First off, the police do not have to advise you that you are being recorded.  The courts have ruled that you have no expectation of privacy when talking to the police, especially in a police station, and that they police can record you with or without your knowledge or permission.\n\nSecond, in the police world "person of interest" usually  means "suspect."  "Person of interest" is just a nice way to say things.\n\nWith regards to releasing or sharing evidence, the decision to do that is based on the agency's rules and state laws.  We do not do that where I work.  The police may have done so to prove to the victim that you were NOT the person who committed the crime and totally clear your name.  It may have been a service to you!\n\nCall the agency who gave you the poly and ask them about it.  They will probably tell you why you did that.
905204
It would be important to know if you're talking about an adult or juvenile arrestee.  In my state, I'm required to provide a Miranda admonition to a juvenile immediately upon arrest, whether or not I intend to question them.  Florida may have a similar law.\n\nFlorida may also have some specific state law that deals with this issue, though I would not think so.  Constitutionally, you are only required to be "Mirandized" if you are in custody or the functional equivalent thereof, and if you are being questioned about the crime you were arrested for.  \n\nYour question leaves out other possible options.  For instance, handcuffs may have nothing to do with a Miranda admonishment, or they may have everything to do with it.  And if you are not in custody, Miranda does not come into play before or during questioning of any kind.  \n\nAnd the "all of the above" thing doesn't make much sense in light of the first two possible answers...it would suggest that I'd have to read an admonition to you before I put the handcuffs on you and after I put them on...twice in the space of less than 15 seconds.  \n\nBeing told what you're "charged with" (and really, you should say "arrested for" as the police make arrests and the prosecutors charge defendants) has nothing to do with Miranda.   In my state, I'm supposed to tell you what I'm arresting you for unless it's obvious under the circumstances.  There is no specific direction as to when I'm supposed to tell you and I doubt there is in Florida, either.\n\nIf "they" won't tell you your rights or why you've been arrested for 30 minutes, I'd say it means nothing more than they didn't tell you your rights or what you were arrested for, for 30 minutes.  It's always been possible to be arrested and sent to court without hearing a Miranda admonition from the police because, in the absence of a state law requiring it, Miranda does not come into play unless you are being questioned about the crime you were arrested for.  No point in reading it to you if you're not going to be questioned.
510126
Then you were in Custodial Interrogation and you will have afforded the Constitutional rights to have counsel present while being questioned. See 5th Amendment U.S. Constitution.\nIt is considered a formal hearing. If they question you after you ask for counsel to be present then that evidence ( especially against you ) can be suppressed. Remember not to rant or rave but wait for your counsel to get thier.\nJohn\nCriminal Justice Student
261329
I'm sorry for the loss of your friend, who made a bad choice to fix a temporary problem with a permanent solution. It is unlikely your arrest would give you the chance to confront any of the same ones you blame, or that they would heed your words, and an arrest would, if anything, reduce the respect of your opinion you seek. Mourn, then let it go- there is no other good choice here. Peace to your heart
609600
As a police officer, the best advise for anybody being arrested, pulled over for speeding, stpped walking down the street, however you come into contact with law enforcement- Shut your mouth! Do not volunteer ANY info besides name date of birth etc, when an officer says "Do you know how fast you were going?" NEVER say "yeah I was going a little fast wasn't I?", say "No officer, was I speeding?" the way you answer a question can prove willfull violation of the law be it on a speeding ticket or a murder charge. You have a right to remain silent for a reason.
501666
Yea.\n\nBut the cops still arrested me.