At what point should be read your Miranda rights?

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At what point should be read your Miranda rights?

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Asked on January 28, 2018 under Criminal Law, Alaska

Answers:

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

Answered 6 years ago | Contributor

The Miranda warning need only be read if a person is taken into custody and then questioned. Consequently, if they were questioned before their arrest, that would be permissable. If they were questioned after their arrest, then the arrest would potentially be unlawful and anything asked and answered could not be used against them. However, asking questions related to the booking process) is permitted (i.e. name, address, date of birth, etc.).  


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