Are my Miranda rights required to be read if I’m taken into custody and questioned?

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Are my Miranda rights required to be read if I’m taken into custody and questioned?

Do I have to be read my Miranda rights in the following situation? I was put under arrest (you are under arrest, handcuffed behind back, put into police car, but never taken to the police station) I was being directly questioned by the police. I am a minor (16). The crime was marijuana possession, smoking in a public park, and paraphernalia possession.

Asked on February 2, 2012 under Criminal Law, Idaho

Answers:

Matthew Brissenden / Matthew Brissenden

Answered 9 years ago | Contributor

The short answer is yes.  This is the very definition of "custodial interrogation" - which requires the police to provide you your Miranda rights.  You should raise this issue with your attorney - he or she may want to make a motion to have your statements suppressed.


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