Legal Question in Criminal Law in New York
an arrest
when a person is arrested, regardless of the crime, isn't the arresting officer supposed to read him/her their rights?
Asked on 5/09/07, 8:55 am
2 Answers from Attorneys
Re: an arrest
No. This is a great myth. A police officer must only read you your rights if you are in custody (i.e. under arrest or not free to go) AND an officer intends to question you or engage you in conversation that is likely to get you to make incriminating statements.
Answered on 5/09/07, 9:16 am
Anthony Colleluori
The Law Offices of Anthony J. Colleluori & Associates PLLC
Re: an arrest
No the invocation of rights must be given only when a defendant is BOTH in custody and being questioned by authorities.
Answered on 5/09/07, 1:06 pm
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