If someone gets a DUI case in Pennsylvania and the officer doesn't read your rights, can the officer

[Deleted member 118209]

Jurisdiction

Pennsylvania

If someone gets a DUI case in Pennsylvania and the officer doesn't read your rights, can the officer get in trouble and will your case be dropped, and do the officers have to read your rights to people every time they take them to jail or booking?

 

[army judge]

If someone gets a DUI case in Pennsylvania and the officer doesn't read your rights, can the officer get in trouble and will your case be dropped, and do the officers have to read your rights to people every time they take them to jail or booking?

When Do Miranda Rights Have to be Read?
If an individual is taken into custody, they must be read their Miranda rights before any questioning. Without reciting these rights, the answers generally cannot be used as evidence in court. However, officers aren't required to read Miranda rights before an arrest, rather only if the FINGER OF SUSPICION begins to point at YOU!!!

What Happens When an Officer Fails to Provide a Miranda Warning to the Arrestee?

A common misconception among the populace exists about reading a suspect "The Miranda Warning".

Some people believe if a police officer doesn't read a suspect her/his rights, the case is dismissed.

This, however is untrue.

Failure to read a suspect her/his Miranda Warning doesn't always have an effect on the case, nor is such an admonishment necessary.

Without a proper Miranda warning, any responses to the ensuing interrogation will generally be ruled inadmissible in court, if the finger of suspicion is pointing at you.

However, if the officer isn't questioning you about the matter at hand because she has probable cause to effect an arrest, because you committed the crime, you need not be read the Miranda Warning.

 

[zddoodah]

If someone gets a DUI case in Pennsylvania and the officer doesn't read your rights, can the officer get in trouble

I doubt it, but no one here will have any insight into the general or specific disciplinary practices of any or all of the more than 1,000 law enforcement agencies in Pennsylvania.

and will your case be dropped

No.

do the officers have to read your rights to people every time they take them to jail or booking?

No.

The so-called "reading of rights" is not required for every arrest (although some law enforcement agencies may read rights every time an arrest is made simply as a matter of policy or practice). The failure to read Miranda rights only becomes an issue if a suspect is (1) in custody and (2) being subjected to interrogation. If both of those things are happening and the suspect has not been read Miranda rights, then anything the suspect says is subject to exclusion at trial. That is the only consequence.

 

[cbg]

Somebody's been watching too many Law and Order reruns.

 

[justblue]

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