Arrest, Search, Seizure, Warrant Miranda Rights?

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pcfcnw

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Are you always supposed to be given your Miranda rights when you are arrested? Even if the officer gives you a citation report with court date? California
 
No you're not. The Miranda rights are to protect yourself from saying anything incriminating to officers in the heat of the moment. So they warn you so that you know anything you say after that moment is officially on the record.
 
at what point should I have been given the Miranda rights? before handcuffed ? before put into patrol car??
 
As soon as they knew you were officially under arrest. If you were just given a citation, the Miranda rights don't apply the same though
 
pcfcnw said:
I was arrested, but given the citation with court date to appear and able to go home.


Exactly. You weren't going to be in the officer's custody long enough to make too many incriminating statements and you were also probably being cooperative already and you were content with accepting it and going on your way.
 
Miranda rights only have to be read if the officer is going to question you for a crime that you are believed to commit. Example... an officer pulls you over for speeding you state that you do not have your license on you and the officer runs your name and D.O.B. through ncic. The officer finds through ncic that your license is suspended. He then places you under arrest and transports you to jail. He does not have to read you Miranda rights because after the arrested you he did not question you (now if your sitting in his back seat crying and mumble crap like I knew it was suspended but I was just going to the store, he cannot use that against you in court, but it does not matter he has all the probable cause he wants).

You are found by an officer holding a bloody knife and there a a dead person cut up into 50 pieces laying next to you. The officer places you under arrest and reads you Miranda rights because he is going to transport you to the police department so that you can be questioned as to why you where standing there with the knife.

You break a window in a car and take a purse sitting in the back seat while an officer is watching your ever move. The officer stops you and questions you as to what you are doing there. He then detains you while locating the owner that is in a grocery store. Upon talking to the owner and finding that you in fact did not belong in that car the officer places you under arrest and takes your butt to jail. Never reads you your rights because he does not question you after you are arrested.
 
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