Legal Question in Criminal Law in Indiana
being read your rights
When you are arrested what
is proper procedure when you
are read your rights and do
you sign a form stating
you were read your rights.
1 Answer from Attorneys
Re: being read your rights
Whole books have been written on this subject and I will not attempt to cover everything as it is not possible in this forum. Contrary to popular opinion, the Maranda warning are not required to be given in every case. The warnings are only required where an officer has reason to believe that a crime has been committed and the investigation is begining to center on an individual. There is no absolute requirement that the warnings be given during an arrest or an investigation. It is only required if the officer is going to question a person about criminal activity that has centered on that person. An officer upon arrival can ask questions about what is going on or get preliminary questions dealing with identity without warnings being given and generally the answers are admissible at trial. Nor is the officer required to stop voluntary statements which are not the result of questions from the officer. If a person testifies at trail and makes statements that counterdict statements he gave to an officer, then there is no requirement that the warnings be given. There are a lot of exceptions to the requirement to give the warnings. These are but a few. The warnings only have to do with the admissiblity of evidence, not the legality of the arrest. Most arrests are effected without the warnings being given.
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