Legal Question in Civil Rights Law in Tennessee
Do you have to be read your rights?
If you are placed under arrest do you or do you not have to be read your rights?
Asked on 3/19/03, 10:35 am
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: Do you have to be read your rights?
The ruling under Miranda vs. Arizona, commonly called one's "Miranda warnings," requires that persons in custody, suspected of a crime, must be advised of their constitutional rights [such as the right to remain silent] prior to questioning to obtain a statement which may implicate them in that crime. If there is to be no interrogation, then the Miranda warnings are not required. They are not triggered by an arrest without questioning.
Answered on 3/19/03, 10:48 am
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