Legal Question in Civil Rights Law in Pennsylvania

Re: Arresting

"Miranda" rights are more like a warning than an actual right. It is one of the most misunderstood things about criminal law. If the cops pick you up as you're standing over a dead body with a smoking gun, they may not bother at all with "Miranda" warnings or taking your statement. But if they do give you "Miranda" warnings you should listen to those rights carefully. If you are arrested for a serious offense the chances are not likely that you are going to be going home from the police station right away and there is no advantage to be gained by giving the police a statement.

What you should do when you are arrested is to think carefully about your words, movement, body language and emotions. Don't argue with the police and keep your hands where the police can see them. Don't run, touch the police or resist arrest even if you are innocent (rather, especially if you are innocent). Don't complain to the police or threaten them. Ask for a lawyer immediately, try to remember the arresting officer's name and badge and patrol car numbers, write down everything you remember as soon as possible, and try to find witnesses and their names and phone numbers.

Re: Arresting

Yes, it is legal. The miranda warnings only apply to (1) custodial (2) interrogation. While you were certainly in custody, the second prong, interrogation, was probably not going on. Indeed, the beat cops don't usually read you your rights because they do not do any of the interrogation--the detectives do that. If you were not interrogated at all, it's probably because they didn't need to to sustain a conviction--they had enough evidence, and they did not need to interrogate you.

Re: Arresting

Yes. Miranda only really applies before questioning. If you're not questioned, many courts have held that Miranda rights don't apply. In cops shows they read Miranda, but in reality, it's often left out, particularly if the cops don't plan to do an "interrogation."

Even in an arrest, they do it as a prophylactic,--in other words, to protect themselves against someone later forgetting to do it.

Of course, they're always hoping for a blurt out, but so long as they don't ask you questions (other than the basics), it's probably not required.