Question About Being Arrested? Posted: 06-10-07 16:58pm
Do they have to read you your rights
before they handcuff u and put u in the
cop car? Or can they just put u in
handcuffs and stick u in the car without
reading your rights at all? Just wondering
cuz my brother doesnt know and they
"arrested" him for tresspassing. Stuck him
in handcuffs in the car and didnt read the
rights and said he wasnt arrested.
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christinamuir
Experienced User , Rather EHEALTHy
Joined: 22 Feb 2006 Posts: 50 Location: san diego
Posted: 06-10-07 17:02pm
If he was just put in the back of the car
and then released on the spot, then
technically he wasn't arressted, so in
that case no the cops don't have to read
you your rights. If on the other hand he
was cuffed, and taken to the police
station, and booked and processed, then
yes his rights would have had to be read
to him before he was taken to the police
station.
Hope that helps.
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Lauren19
Experienced User , Rather EHEALTHy
Joined: 09 Jun 2007 Posts: 82 Location: ,
Thanks: 1
Thanked:0
Posted: 06-10-07 17:07pm
hmmm ive learned in my political science
class my seccond semester at college that
those rights that the police read off to
you as they arrest you are known as the
"Miranda warnings" under the 5th amendment
of the constitution. (am i a nerd or what?
i know all the facts...ha)
I believe they are:
1. you must be informed that you are under
arrest
2. the police must then tell you that you
have the right to remain silent and that
any statements that the person getting
arrested chose to make may be used as
evidence against them in court.
3. Then the person getting arrested must
be informed that they have a right to an
attourney and if they cannot afford one,
one will be provided.
4. and i think the last one is that they
have the right to remain silent..
maybe not all in that order, but i dont
know your situation, and i dont know if
these rules are mandatory in all
arrests....soo thats all i know about
that.
they took him to th e station, but they
didnt book him, they ended up releasing
him andgave hima court date or a fine, so
he has court sometime the end of the month
or something. he just wasnt sure if what
they did was right, thent he same cop when
he tried to kill himself came and arrested
him and took him to the mental hospital
thats hooked to the police station and he
sat there for 10 hrs cuffed then they
finally let him go since he has meds. he
thougth that they were doing things wrong
but he isnt sure, but hes gonna try
calling em to find out and stuff. The cop
was being a jerk and didnt beleive him
when he said his xanax was prescribed and
said he was a druggie , eventually his gf
got up there with his med bottle but the
cop was still a jerk even when he was
complying.
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Mommy35
Extremely EHEALTHy
Joined: 23 Sep 2006 Posts: 3165 Location: Vacationland, USA,
Posted: 06-10-07 17:19pm
The following is a minimal Miranda
warning, as outlined in the Miranda v
Arizona case.
You have the right to remain silent.
Anything you say can and will be used
against you in a court of law. You have
the right to speak to an attorney, and to
have an attorney present during any
questioning. If you cannot afford a
lawyer, one will be provided for you at
government expense.
The following is a much more verbose
Miranda warning, designed to cover all
bases that a detainee might encounter
while in police custody. A detainee may be
asked to sign a statement acknowledging
the following.
You have the right to remain silent and
refuse to answer questions. Do you
understand?
Anything you do say may be used against
you in a court of law. Do you understand?
You have the right to consult an attorney
before speaking to the police and to have
an attorney present during questioning now
or in the future. Do you understand?
If you cannot afford an attorney, one will
be appointed for you before any
questioning if you wish. Do you
understand?
If you decide to answer questions now
without an attorney present you will still
have the right to stop answering at any
time until you talk to an attorney. Do you
understand?
Knowing and understanding your rights as I
have explained them to you, are you
willing to answer my questions without an
attorney present?
they never read any rights or had him sign
anything stating his rights, he was cuffed
and taken to the station just not booked
or processed or any of that sorta stuff,
the cop wanted to though, he was hoping he
was using the xanax recreationally so he
could take him to jail, the cops in tampa
area are not the nicest. he feels he was
treated unfairly , the cop was treating
him like he wasnt following directions or
listening when he said yes sir no sir, did
what he was told no fighting etc.
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christinamuir
Experienced User , Rather EHEALTHy
Joined: 22 Feb 2006 Posts: 50 Location: san diego
Posted: 06-10-07 18:53pm
tinkinpink84
wrote:
they took him to th e
station, but they didnt book him, they
ended up releasing him andgave hima court
date or a fine, so he has court sometime
the end of the month or something. he just
wasnt sure if what they did was right,
thent he same cop when he tried to kill
himself came and arrested him and took him
to the mental hospital thats hooked to the
police station and he sat there for 10 hrs
cuffed then they finally let him go since
he has meds. he thougth that they were
doing things wrong but he isnt sure, but
hes gonna try calling em to find out and
stuff. The cop was being a jerk and didnt
beleive him when he said his xanax was
prescribed and said he was a druggie ,
eventually his gf got up there with his
med bottle but the cop was still a jerk
even when he was
complying.
It doesn't seem to me that the cops
legally did anything wrong. Because he
wasn't booked, the miranda rights don't
apply (don't quote me on that, I'm not
100%). I would call a lawyer and ask them
(there shouldn't be a fee for this).
Honestly though I really don't think the
cops did anything illegal because he
wasn't held.
Christina
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Magical Logic
Extremely EHEALTHy
Joined: 14 Mar 2006 Posts: 2248
Posted: 06-10-07 18:56pm
just my opinion for a minor crime of
tresspassing it would be more hassle to
try to prove that the cops did not read
him his rights or that he was treated
unfairly.
i got aressted for tresspassing. the cops
ran me off the side of the road and there
was like ten cop cars around me.made all 4
of us get out of the car with guns drawn.
i was the only was arrested saying i had
been told not to be at my fil house at the
time. but i went to court and i was found
not gulity. the cops were friends of my
now ex fil and he said that i was out
there to kill him. i was going through a
bitter divorce at the time.
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kaerbear
Most Diplomatic Poster
Joined: 10 Apr 2007 Posts: 1557 Location: ,
Posted: 06-10-07 19:42pm
I know that in canada the cops have a
right to detain you without arrest on
probable cause or reasonable suspicion but
they have to release you in a set amount
of time. I don't know how long that is.
There are certain things they are allowed
to do. Like, if you are in someone else's
car that is being stopped for a traffic
violation or something, they have a right
to search you if they think you may have
drugs or weapons on you. On the other
hand, they aren't supposed to just stop
and search people randomly without
probable cause or without witnessing a
traffic violation or having some other
reason to stop the vehicle. I think, when
you are in public or outside your home,
you have less legitamite expectation of
privacy than you would have in your home,
meaning the cops have a right to stop you
and search you if they have reason to
believe you may have committed a crime.
Whereas, in your home, they would probably
have to obtain a warrant.
This is a canadian site so I don't know
how useful it would be but I'm sure the
laws are not that different.
Joined: 10 Jun 2007 Posts: 8 Location: ATLANTA, GA
Miranda Rights Posted: 06-10-07 21:13pm
THEY ONLY HAVE TO READ YOU YOUR RIGHTS IF
THEY ARE GOING TO ASK YOU QUESTIONS. THESE
ARE CALLED THE MIRANDA RIGHTS.
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tigresacanela24
Especially EHEALTHy
Joined: 11 Nov 2005 Posts: 5261 Location: Treat your children well, eventually they'll choose your nursing home.
Posted: 06-11-07 05:49am
If you are stopped or detained then the
police do not have to read you your
rights. They can question you and you can
voluntarily answer them but you do retain
the right to remain silent anyway. They
do not technically have to tell you why
you are being detained unless they intend
to arrest you or they intend to take you
to court for something. If you have been
stopped or detained you may ask if you are
free to go. If they say yes, then leave,
although I wouldn't recommend running...
The only time they are legally obligated
to read you your rights is if you are
being arrested. there are only two rights
covered, 1 - the right to remain silent
and 2- the right to legal council. my
nephew is always being harassed by the
police (he lives is a very small
neighborhood and said something rude to a
cop at age thirteen) so I'm kind of an
unofficial expert in this. They also can
not search you without reasonable
suspicion that you have a weapon and or
are dangerous unless of course you consent
to the search or are being arrested.
well see they handcuffed him and put him
in the car but he was never like
officially arrested i guess you could say,
he wasnt a threat to anyone or anything
the first time with walmart yet they acted
as if he was. i always thought they always
read you your rights as you were being
handcuffed, maybe i watch to much tv
lmao, i dunno thats just always what i
thought. He doesnt really get in trouble
with the cops alot i guess so i dunno why
they were treating him like a criminal
under drug possession when it wasnt the
case and they didnt beleive him that he
was prescribed the xanax. Well one time
when my dad tried to evict him a cop was
called out and he was talking back to the
cop but this was a couple yrs ago i dunno
if all those cops remember it or what. he
just feels as if they didnt do it all
correctly and he was treated wrongly.
Because he was complying with what they
asked him and what he was told to do.
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tigresacanela24
Especially EHEALTHy
Joined: 11 Nov 2005 Posts: 5261 Location: Treat your children well, eventually they'll choose your nursing home.
Posted: 06-11-07 06:00am
technically they didn't do anything wrong.
they just acted like a$$h*les.
That falls under the heading of public
intoxication and they were perfectly
within the law to restrain and/or detain
him if he was being offensive, being an
inconvenience, alarming or annoying anyone
while he was under the influence of xanax.
they didn't have to act like jerks about
it once he told them it was a script. but
i'm sure they've had tons of people tell
them it was a prescription before but be
lying about it. i guess i can see both
sides.
he wasnt on xanax, he carrys it with him
in case he has a panic attack, they
searched him and found it and assumed
because it was in a pill case and not a
prescription that it was a recreational
drug. he was complying with them and wasnt
acting as a threat to anyone or anything
at all.
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tigresacanela24
Especially EHEALTHy
Joined: 11 Nov 2005 Posts: 5261 Location: Treat your children well, eventually they'll choose your nursing home.
Posted: 06-11-07 06:12am
tinkinpink84
wrote:
he wasnt on xanax, he carrys
it with him in case he has a panic attack,
they searched him and found it and assumed
because it was in a pill case and not a
prescription that it was a recreational
drug. he was complying with them and wasnt
acting as a threat to anyone or anything
at all.
oh, that's different then. if he didn't
consent to the search then that was
definitely illegal.
*edited to add* he had to say clearly that
he didn't consent to the search though.
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SamanthaM
Supporter
Joined: 15 Dec 2005 Posts: 2079 Location: Mishawaka, Indiana
Thanks: 2
Thanked:1
Posted: 06-11-07 09:31am
If he needs to take xanax with him
somewhere he should have it in a
prescription bottle with his name on it.
It would save him a lot of trouble.
The only time they are legally obligated
to read you your rights is if you are
being arrested. there are only two rights
covered, 1 - the right to remain silent
and 2- the right to legal council. my
nephew is always being harassed by the
police (he lives is a very small
neighborhood and said something rude to a
cop at age thirteen) so I'm kind of an
unofficial expert in this. They also can
not search you without reasonable
suspicion that you have a weapon and or
are dangerous unless of course you consent
to the search or are being arrested.
