[xMerlina]

This was a multiple choice question, and I can't decide which is the correct answer because I'm unsure about the voluntary part in the first choice. And I don't know if the court can dismiss the case..

a. If a defendant is not read his or her rights upon arrest, a confession cannot be used in court unless it is given voluntarily.

b. If a police officer fails to read a suspect his or her rights upon arrest, the suspect's confession cannot be used in court.

c. Police officers must read a suspect his or her rights upon arrest; otherwise, the case against the defendant must be dismissed.

d. (I'm pretty sure this one is wrong) The confession of a defendant who has not been read his or her rights upon arrest may be used in court, but the defendant may bring a civil suit against the arresting officer.

[ballengerb1]

Let me google that for you

[xMerlina]

Let me google that for you

Yeah, thanks so much for the unhelpful hint. Maybe it'd help you to realize that I've already googled multiple variations of the question several times before I posted it on here.

[Fr_Chuck]

Actually in real life, none of those answers are correct.


The police officer has no obligation to read anyone their rights.at the time of arrest.
The police officer arrests and even sends them to lock up. They do not have to be read their rights until they are questioned.

So in real life, none of our answers are correct.

I am was a police officer, past Federal Agent and have arrested untold number of people and studied arrest laws.

[xMerlina]

Actually in real life, none of those answers are correct.


The police officer has no obligation to read anyone their rights.at the time of arrest.
The police officer arrests and even sends them to lock up. They do not have to be read their rights until they are questioned.

So in real life, none of our answers are correct.

I am was a police officer, past Federal Agent and have arrested untold number of people and studied arrest laws.

Oh... I guess I'll just choose a random answer then... Thanks though!

[Fr_Chuck]

Your teacher or class will want B as the answer, it is not right, because it assumes facts not given. It assumes that the officer questions or gets a confession at the time of arrest.
Not latter in lock up.

In real life while some miranda rights are given at time of arrest, even if they are, they are given again in writing, at the time of questioning at the police station if taken in.

Also there are many exceptions allowed to use a confession with out having rights given.
If they are on a death bed, if it is an excited statement. Or if it is said before the person has a chance to be given their rights. Also if the person confesses and they are not a suspect at that time, but considered a witness.

So depending on what level class and how open to honest answers, tell your teacher the truth, it was none of them. And tell the teacher why

Or just tell them B but know it is not really the right answer

[xMerlina]

Your teacher or class will want B as the answer, it is not right, because it assumes facts not given. it assumes that the officer questions or gets a confession at the time of arrest.
Not latter in lock up.

In real life while some miranda rights are given at time of arrest, even if they are, they are given again in writing, at the time of questioning at the police station if taken in.

Also there are many exceptions allowed to use a confession with out having rights given.
If they are on a death bed, if it is an excited statement. or if it is said before the person has a chance to be given their rights. Also if the person confesses and they are not a suspect at that time, but considered a witness.

So depending on what level class and how open to honest answers, tell your teacher the truth, it was none of them. and tell the teacher why

Or just tell them B but know it is not really the right answer

Okay, thank you so much for giving such a thorough explanation!