When do the police have to read your Miranda rights and give you your one phone call?
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When do the police have to read your Miranda rights and give you your one phone call?
Can police execute a search warrant while refusing to show it to you?
Asked on February 13, 2013 under Criminal Law, Missouri
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The police are required to read Miranda warnings prior to a custodial interrogation. This means that if you are not in custody (or the functional equivalent), they do not have to read the warnings. Similarly, the right to a phone call does not kick-in until after a person has been arrested and booked in. The police are allowed to finish their administrative functions before allowing the phone call.... as long as they are not intentionally prolonging the process to circumvent the right to a phone call. Keep in mind, however, that the right to a phone call is administrative-- it is not a constitutional right like Miranda warnings. This means that there is not much relief if the deny the phone call. If they forget to read Miranda warnings before a custodial interrogation, the statement can be thrown out.
As far as the search warrant, they are not generally required to show it to you-- even though it is a better practice to do so. They do have to leave a copy of it with the person when they are finished with their search. The main thing is that the search warrant is valid. As long as they have a valid warrant, they have the authority to search. Most search warrants are public record. If they do not give you a copy of the warrant, consider hiring a criminal defense or civil rights attorney to help you (1) locate a copy of the warrant and (2) challenge the validity of the warrant.
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