Legal Question in Civil Rights Law in Iowa
Is this legal?
In the state of Iowa is it legal to arrest someone without stating thier rights speech? I was arrested last week by two cops at my moms house and neither of then read me my rights.
Asked on 3/16/02, 2:59 am
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: Is this legal?
You voice a common misconception of the requirements of Miranda -vs- Arizona concerning the duty of law enforcement to advise of certain Constitutional rights.
An arrest does not trigger the Miranda requirements. Law enforcement must provide Miranda rights only if they are going to interrogate and obtain a statement for use in a subsequent criminal prosecution. If there is no interrogation, then advice of Miranda rights is not required.
Answered on 3/16/02, 11:21 am
Related Questions & Answers
-
Hearsay evidence Can a minor be charged with drinking at a party by hearsay evidence? Asked 2/18/02, 11:09 pm in United States Iowa Civil Rights Law
-
Teenage boy given given beer and then raped by older woman 15 years ago a 22 or 23... Asked 1/17/02, 10:30 pm in United States Iowa Civil Rights Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
