Is it legal for a 16 year old to be handcuffed and transported from school for possesion of a dangerous weapon without their Miranda rights being read?

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Is it legal for a 16 year old to be handcuffed and transported from school for possesion of a dangerous weapon without their Miranda rights being read?

Asked on June 3, 2012 under Criminal Law, Colorado

Answers:

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

Answered 9 years ago | Contributor

It is legal to put just about any aged person in handcuffs; it is standard police procedure. As for the Miranda warning, there is a common misconception that every person who is arrested must be read their rights. This simply isn't true. The fact is that the Miranda warning need only be given if a person is taken into custody and then questioneed. If a person is questioned before an arrest or they are arrested but not immediately questioned, then the warning need not be given (at such later time as they are questioned such as back at the police station, then their rights must be read to them). Further any questioning incidental to the booking process (i.e. those regarding name, address or the like) does not trigger the necessity of giving the warning.


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