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.


Asked on 10/22/99, 5:54 pm

1 Answer from Attorneys

Marvin Coffey Marvin E. Coffey Attorney at Law

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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Answered on 10/27/99, 9:22 pm


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