Legal Question in Criminal Law in South Carolina

Reading your rights

I was arrested last weekend for minor in posession and open container in a moving vehicle. we were pulled over for expired tags and she smelled beer and saw a can so she asked us to get out of the car. The driver was not drinking and the three of us who were confessed to the cups. She then said that she was going to arrest us and bring us to the station. I was wondering if she told us we were under arrest and never read us our rights is that illegal? I have never been in any kind of trouble with the police before and i am not sure how the arresting process is suppose to go. thank you


Asked on 4/13/01, 11:11 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: Reading your rights

I think that television and movies distort people's understanding of thier. "rights." The police are not under a requirement to read a person thier rights. And you cannot have a case dismissed simply because you were not read your rights. Your "rights" simply mean that you have the right to have an attorney and that you have the right to not speak with the police. It also says that if you do in fact speak with the police that what you say can be used against you in court. The only hitch is that if they don't read you your, "rights' following an arrest, that they cannot turn around later and use any of your statements against you in court. In your case, they didn't read you your rights because there was no need to. They had all the evidence that they needed and there was no need to talk with you further.

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Answered on 6/09/01, 11:35 am


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