If I was arrested for underage possession of alcohol without being read my Miranda rights and before they got my information, is that legal?

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If I was arrested for underage possession of alcohol without being read my Miranda rights and before they got my information, is that legal?

Asked on May 28, 2012 under Criminal Law, Arizona

Answers:

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

Answered 9 years ago | Contributor

Contrary to popular belief, not every person who is arrested need be read the Miranda warning. The fact is that the warning is only required to be given if a suspect is taken into custody and then questioned about the crime; it doesn't have to be given if there is an arrest without questioning. Further, merely asking for a person's personal information for identifiaction and/or booking purposes does not trigger the warning. Consequently, based on the facts presented, it does not appear that your constititutional rights were violated. However, you may want to go over over the specifics of your case with a criminal law attorney in your area.


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