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VERIFY: Police don't need to read 'Miranda rights' before arrest, but do before questioning

Amid protests in New York, a female protester was arrested by plain-clothed police officers. People asked why the officers appeared not to read her Miranda rights.

WASHINGTON — Question:

Are police officers required to read the Miranda rights to a suspect during an arrest? 

Answer: 

No. A police officer must read someone's Miranda rights before beginning questioning of a suspect. However, a police officer does not need to read these rights before an arrest. 

Source: 

Patrick Barone, Barone Defense Firm

Vida Johnson, Georgetown Law Center

MirandaWarning.org

Process:

A new viral video out of New York City has generated a lot of questions. It shows members of NYPD's 'Warrant Squad' arresting a female protester, and pulling her into an unmarked van. 

According to NYPD, the protester was wanted for damaging police cameras. On social media, people have brought up numerous concerns, including whether or not police should have read her the Miranda rights."

To learn more about Miranda rights, The Verify team turned to a duo of legal experts. 

Patrick Barone, from the Barone Defense Firm in Michigan, said that these rights are not exactly as portrayed by the movies. On these shows, an officer often reads out these rights, as they place the cuffs on a suspect. 

“That’s what we always see on TV," Barone said. "A person gets arrested, and they’re read their Miranda rights.”

In reality, though, police do not have this requirement unless they are questioning someone. If an officer fails to read someone their Miranda rights before beginning an interrogation, any answers will be unusable in the courtroom.  

“The Miranda rights do not need to be read prior to making an arrest," Barone said. "Nor do they ever have to be read unless the person is going to be questioned.”

Vida Johnson, from the Georgetown Law Center, agreed. 

See further critiques on the NYC situation from Johnson in the video below.

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