If my driver’s license and license on my car is expired, do the cops have to Mirandize me?

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If my driver’s license and license on my car is expired, do the cops have to Mirandize me?

None of the cops gave me my rights when they cuffed me and put me in back of the cop car.

Asked on February 4, 2018 under Criminal Law, Arizona

Answers:

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

Answered 3 years ago | Contributor

When someone is arrested, contrary to popular belief, they need not automatically be read their rights. The Miranda warning must only be given if a person is in custody and then questioned. Therefore, if you were not questioned at the time that you were arressted, then there was no reason to Mirandize you. That having been said, any questioning incidental to the booking process (i.e. being asked your name, address, etc) is permissable.


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