Legal Question in Criminal Law in Illinois
maranda rights
Does a cop have to read you your rights when he arrests you?
2 Answers from Attorneys
Re: Miranda rights
The answer to your question is "NO." When law enforcement authorities want to take a statement from you which will be used against you in court, then, if you are in custody, you must be advised of your Miranda rights and you must knowingly, intelligently, and voluntarily waive them in order for the statement to be admissible in evidence. There are certain exceptions, of course. If you volunteer a statement it can be used whether or not you were Mirandized. Also, sometimes a person is free to go, not in custody, and any statements made may also be used against that person. Many, in fact most, arrests do not really involve the need for any statement from the suspect and therefore there is no legal requirement to give Miranda rights. It strikes me as odd that a previous reply misspells the term "Miranda", but perhaps it was only a typo.
Re: maranda rights
No.
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