Legal Question in Criminal Law in Texas
Constitutional Rights
In the event a person is arrested, is it mandatory for the arresting officer to read them their rights before place them in custody or interrorgating them? What happens if the arresting officer fails to do so?
Asked on 2/18/05, 9:40 am
1 Answer from Attorneys
Austin Nimocks
Austin R. Nimocks & Associates, P.L.L.C.
Re: Constitutional Rights
No and yes. Miranda rights are a prerequisite to a custodial interrogation. Thus, when arrested or otherwise placed into custody, Miranda rights are not necessary. However, Miranda warnings must be given before the questioning begins. If one in custody is not properly Mirandized, anything learned of or from the custodial interrogation is subject to being suppressed and thrown out as evidence.
Answered on 2/18/05, 4:52 pm
Related Questions & Answers
-
Obtaining a search and arrest is there court documentation of the officers statement... Asked 2/17/05, 12:14 pm in United States Texas Criminal Law
-
When does a misdemeanor leave your record? I was arrested when I was 17 for a class... Asked 2/09/05, 4:01 pm in United States Texas Criminal Law
-
Handling of evidence looking for texas state guidelines on the handling and storage... Asked 2/09/05, 2:41 pm in United States Texas Criminal Law
-
Possession charge while on Parole my husband was arrested on a possession charge... Asked 2/09/05, 2:22 pm in United States Texas Criminal 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.
