Arrest, Search, Seizure, Warrant Miranda rights

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marshallnv5

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I wasx arrested on the 4 of July. I had friends over and the party got louder than it should have. Some neighbor called in a complaint against me. I have learned since that the police were told by the complaintant they felt I was involved in a domestic "disturbance." When police arrived they asked if I was me (who they were called about) I said yes. The officers immediately handcuffed me and took me to the local substation. I was held overnight, and saw the judge the next day. My question is this. The officers did not tell me why I was being arrested, ( they didn't even say I was being arrested, only that they were taking me in) they did not read me the Miranda rights, nor did they attempt to search me until we arrived at the jail. It was 18 hours later that the judge finally read my rights, described my charges (disorderly conduct) and asked me to enter a plea. This took place at my home in Mohave county, AZ. Do AZ officers have the right to arrest someone and not read rights, or describe the charges or even tell a person they are being arrested? By the way, Once the cuffs were put on me, I figured I was being arrested but would have liked to know why instead of spending 18 hours in jail wondering what happed. Any comments would be apprieciated.
 
Miranda has nothing to do with arrest. Miranda applies to any questioning Police may have done. Since it appears there was none Miranda does not apply
 
The Supreme Court would probably overturn Miranda but none of them want to be the Court that took away everyone's "rights".
 
This is a common misconception that Miranda must be read at the time of the arrest, unfortunately that is not the case. Miranda is not usually read unless they plan to interview and the answers that you could provide can cause you to be arrested. The officer had reason to believe you broke the law and arrested you, took you to the station, and then to the jail to process you (which is procedure for most departments).
Now your Arrest Affidavit probably reflexes more of the incident that you probably left out of your post and I will assume you probably just want to know about Miranda.

My personal advise is to get a lawyer, take it to court, and move on. Just remember Miranda is ONLY used in a CRIMINAL investigation where you could incriminate yourself.
 
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