I Wasn't Read My Miranda Rights?

“I was recently arrested for retail theft and none of the officers involved read me my miranda rights,,,,I asked an officer/jailer bout it and he tod me “oh they don’t have to”. Is this right they don’t have to??”

A: “He may be correct. The police officer only has to read you your Miranda warnings if you are 

A) Under arrest, and
B) Being questioned.

You do not have to be read your Miranda warnings outside of that. A police officer asking booking questions doesn’t fall under Miranda warnings.

As a rule of thumb, booking questions mainly consist of what you would find on your own drivers license. Name, address, phone number, etc.”

 

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