I was charged with possession of the 7th,buy was never read my Miranda rights

UPDATED: Oct 1, 2022

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I was charged with possession of the 7th,buy was never read my Miranda rights

was only one officer. he watched me
purchase cocaine from a window at
drug house. he never said he was an
officer, in fact, never said two
words as I approached him from
other side of wood mug shift door.
he immediately got violent with me
by grabbing me and shaking me
vigorously and shoving me. I spoke
up and said ‘what the he’ll are you
doing getting violent with me ? I
am not resisting…you haven’t said
a word. he took it down a notch and
replied ‘give me the ducking
shut…give it to me. I replied
with why are you being violent when
you never even asked.

Asked on September 1, 2018 under Criminal Law, New York


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

Answered 4 years ago | Contributor

Many people are under the misconception that any time a person is placed under arrest they must be read their Miranda rights. Actually, the Miranda warning must only be given if a person is arrested and then questioned. In other words, merely being arrested does not trigger the warning. However, once a person is in custody and subsequently questioned without being Mirandized, then any statements made cannot be used against them. The 2 exceptions are: tha the suspect "waived" their rights (i.e. they were voluntarily and knowingly made anyway) or the questioning was incidental to the booking process (i.e. they were asked for their name, address, etc.).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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