When arrested, must a person be read their rights automatically?


Asked on September 18, 2016 under Criminal Law, Connecticut


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The fact is that you need not be read your rights (i.e. the Miranda warning) need not be given unless you are in police custody and then questioned. Additionally, questions incidental to the booking process (e.g. name, address, birthdate) are proper to ask without your rights having been read. Also, if you voluntarily submited to questioning before the arrest and implicated yourself in illegal activity, then even though no warning was given, your statements can be used against you.

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