View Full Version : Miranda Rights
tiynino83
Jun 16, 2009, 04:15 PM
In Nevada, when arrested, does the office have to read you your rights? When do they not have to?
Fr_Chuck
Jun 16, 2009, 04:57 PM
When arrested they do not have to give them ever.
They only have to give them when they are questioning you as a suspect.
Even then, if they do not, it does not make the arrest invalid, it only means they can not use what you said against you. The other evidence leading up to that point is still valid.
JimGunther
Jun 16, 2009, 07:48 PM
I'll agree with all the above, but I will admit that there is a lot of confusion about the Miranda Rights. People often think that police have to give a general statement about the person's rights when they are arrested. I was a military and civilian police officer as well as a Special Police officer involved in retail secuity and I heard this stuff over and over again at the various schools and academies I went to. It is a good idea to give a person the Miranda Rights when they are arrested or become a suspect, but it is never necessary. If the officer doesn't give the Miranda warnings, then the statements the person makes can't be used against them in court, and that's it! There are some exceptions (such as a spontaneous declaration), but failure to advise the person of their Miranda rights has no effect on the validity of the arrest.
By the way, this does not vary from state to state-its a decision promulgated by the U.S. Supreme Court.
tiynino83
Jun 17, 2009, 12:32 PM
Thank you so much for all your wisdoms. I love this site. Everyone seems to be of great help!