if a cop arrests you and doesn't ever read you your mirahanda rights the case will get thrown out right

 

i thought they didn't have to read 'em

 

its in the constitution now they had a huge supreme court case about it years ago i think it was mirahanda vs. Arizona

 

if you are officially under arrest, they have to read you your rights...if they handcuff you and throw you in the car and/or bring you to the station for detainment they don't have to read you your rights because you are not being arrested.

 

what if they take you to the jail and you are going to be in jail but you can get out on bail

 

I would consider that being arrested then.

 

yes that is totally true.. but how would you be able to prove that?

a judge would take a cops word over the suspect in a heartbeat

 

yeah if your arrested for a crime or what not they HAVE to read u your rights... alot of people got let go when the miranda court case went through cause they didnt' have their rights read to them....

and i think 93 Lude has it right about detaining...but not sure

 

They dont have to read you your rights if your arrested, only if your in custody and being questioned/interogated about what you were placed in custody for. If your arrested for drunk in public or assault in an officers presence (for example), he/she does have to read you your rights because he is not going to question you since it occured in his presence.

 

Oh and the detainment, if your in cuffs and taken to the "station", thats really usually considered a seizure of you because your not free to leave at any time, and constitutes custody.