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

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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

Answers:

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

Answered 5 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.).


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