Does a police officer have to read u ur rights even thought he never arrested u but used it in court of law?
350462
If you were not under arrest then you were free to leave at any time. You were not obligated to even go. So no he didn't have to read you your rights. Police officers often use the "Just between us - let's get this cleared up and forget about it" tactic get information, and it is perfectly legal.\nSorry man.
429804
The rights of the criminally accused can be found in the 4th, 5th, 6th, and 9th amendments. What happened in Miranda v. Arizona was that Miranda was arrested for raping and beating a girl. He was not informed of his right to council or right to remain silent. He ended up confessing to this crime after two hours of "interrogation" without an attorney. Miranda was innocent of the crime but he was unaware that he didn't have to confess. The Supreme Court ruled that officers must read a person their rights when they are under arrest or if they are being charged with a crime.
1182356
you could have a bench warrant placed for your arrest, I would show up if I was you, you know you don't have to incriminate yourself though don't you? just be truthful, answer what they ask and you should be fine, if you don't know, say so.
716504
The officer wasn't trespassing because he was there for a legal reason (to talk to the suspect). Since the officer was lawfully present in the area, the plain-view docterin does fall into play. \n\nIf the officer had no reason to be at the house, which you already stated he did, then you could argue that he had no lawful reason to be present on the house property. Look up the definition of curtalige, which I spelt very wrong. The rough definition is that curtalige is the area around the house, ie yard, that falls under the reasonable expectation of privacy (REOP) under the 4th ammendment. \n\nI think from the details you gave, the law is on the officer side simply because he had a reason to be there in the first place and if whatever was illegal was able to be seen through the windows, then he wasn't acting unlawfully. \n\nI am not one to help out people who are guilty of crimes, but I also do not like it when some officers forget what they learned in training and disreguard people's rights. Thats why I gave this information. My personal opinion is that I hope the officer did everything right so the case sticks and the one who is charged pays his due. \n\n\nLook up this stuff to clarify what I tried to say:\nLawful presence\n4th ammendment (right to search and seizure)\nCurtalige\nPlain-view doctrine\nReasonable Expection of Privacy  REOP
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.
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
803873
no they don't, a warrent officer will come to your door and either bail you to appear in court or arrest you on the spot and take you to court to appear that day. this all depends on the offence you have comitted. you can try contacting your local court to see if one has been issued against you........ good luck
477517
Don't worry, if you didn't do anything you won't be charged with anything. Some people are questioned sometimes, but that's just to see if a charge is viable. I costs a lot of money and takes a lot of paperwork to charge somebody, so officers don't lay charges casually.
437265
In short, just because someone is asked to come to the police station and talk does not require the police to read them their Miranda rights. Even is someone is a suspect and they are not under arrest, they don't have to read a suspect his Miranda rights. \n\nThe basic rule is that they need to read you your rights only if you are under arrest or the equivalent restraints are present, AND they interrogate you. Equivalent restraints means a situation which would lead someone to believe that they are under arrest. (Sitting in the back of a patrol car with cuffs on).\n\nWhen someone is asked (key word) to come to the police station and they do so of their own free will, Miranda is not needed. \n\nCase law has found repeatedly that the officer's mind set (i.e. the officer intends to arrest the person but doesn't tell them) has no bearing on the need to read a suspect his/her Miranda rights. \n\nI don't know where the other posters got their information.
603661
If they gave you written permission (literally written and signed), then you are ok. But if there is none, I just hope this person doesn't send out an arrest warrant. Because there is no proof that you have the right to take money out.
721645
It doesn't sound like you have a case. Police officers acting under color of law can't be held liable unless they violate your civil rights, and it doesn't sound like they did. They had a reasonable belief that there was a warrant for your arrest, as incorrect as that belief was.
219649
In the U.S., when you are arrested, the police must read you the Miranda warning before you can be questioned.  \n\nThough every U.S. jurisdiction has its own regulations regarding what, precisely, must be said to a person when they are arrested, the typical warning is as follows:\n\n"You have the right to remain silent. If you give up that right, anything you say can and will be used against you in a court of law. You have the right to an attorney and to have an attorney present during questioning. If you cannot afford an attorney, one will be provided to you at no cost. During any questioning, you may decide at any time to exercise these rights, not answer any questions, or make any statements."\n\nFor equivalent laws in other countries see here: http://en.wikipedia.org/wiki/Miranda_warning#Equivalent_rights_in_other_countries
119745
It is when you are not arrested for your alleged crime.  An officer writes you a ticket and allows you to return to court on your court date.  It all depends on your condition and your attitude if they will cite and release.
926523
some do and some don't. it depends on the state.  if you don't have any outstanding warrents on you then your just fine and there is nothing to worry about.  if you have outstanding warrents then they will call the police and you will be held until they transport you back to the state that issued the warrents.
218493
A officier can not legally stop you outside of his jurisdiction.\n\nIf he did not turn on his lights and siren before he crossed his state line, then it was not a legal stop.\n\nA attorney can eat this up, even including possible illegal stop and detention by the police officer
371588
As an ex cop I can assure that they can in certain cases. Most officers search you to check for weapons and if they find drugs in the process, then it's a valid charge. There are some places where they have to have your consent to search, like your home but if it's your vehicle and you're arrested they have to inventory the car so that is a valid search. If they have probable cause like seeing marijuana or something in plain view, then you can be arrested. If they stop you and want to look in your trunk, unless there exigent circumstances, like they think theres a person you're holding captive in there or an animal, then they can search without a warrant. A pat-down search is legal for officer safety reasons. To search things like your bags or glove compartment they need your consent again, unless you've been arrested. If they have reason to believe that you are going to reach for a weapon they can search the immediate area. Best thing to do is not to carry illegal things my friend. Cops are savvy and we take no chances. If you break the law, you deserve to go down but I do believe in protecting peoples civil rights as well. I always protected my prisoner's rights because I may to make a judgement due to the situation and what has to be done, but I am not judge, jury and executioner and most police officers try to keep this in mind. Even if I didn't like a person I'd dealt with before, I was still fair and respectful unless they gave me a reason to get tough with them. Good luck.
120801
Police may use any valid (read: lawful) combination of the same tricks and techniques we used to get stuff from our parents. They can tell white lies, say they will try to help you, pretend to be your friend, threaten to be unhappy with you, etc.\n\nThe lines get crossed at physical abuse, mental abuse, denial of access to an attorney, violation of due process (basically, being really unfair), or refusing to take no for an answer (see: Miranda violations).\n\nKeep in mind, however, that courts define interrogation as "asking questions, or other conduct designed or intended to elicit a response". It's not interrogation if they just sit and stare at you, or leave you alone with nobody to talk to.