When being questioned by Police, Does a person need to be under arrest to be

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Nick

New member
You are required to give biographical information about yourself, such as your name, DOB, address, etc. if asked to by an officer. No, you don't have to answer any questions on traffic stops other than those mentioned above, and yes, the police have a right to deny your lawyer to come to the scene of a traffic stop.

Edit: A quick Wikipedia search would have been beneficial here. I found you a sentence that I believe answers your question:

"However, police are only required to warn an individual whom they intend to subject to custodial interrogation at the police station, in a police vehicle, or when detained. Arrests can occur without questioning and without the Miranda warning—although if the police do change their mind and decide to interrogate the suspect, the warning must then be given."
 
Yes, if you are not under arrest then you can not invoke your right to a lawyer. If you are merely being stopped for a traffic violation then the Officer does not have to honor your request for a lawyer. If you are under arrest then and ask for a lawyer the Officer does not have to run out and find you one. All the Officer needs to do is not question you until you have a lawyer present and/or waive your invocation of the request for a lawyer.

Miranda is a very simple concept but because of TV it is one of the most widely misunderstood.
 
entitled to a Lawyer?
I often seen (admittedly on TV) when people ask for a lawyer the Police respond by saying "you are not under arrest"...one time this did happen to me, i was pulled over and refused to answer any questions without an attorney and the Cop said you don't get one since you are not arrested. He ended up letting me go, since they had nothing to arrest me for, but still, do police have the right to deny someone access to council?
 
You are under no obligation to answer an officer's questions at any time. Only a judge or Grand Jury can compel you to answer a question.

You have the right to request an attorney at any time, you do not need to be under arrest. The police are only required to provide one if they want to continue to question you after you make the request.

As far as Miranda, that only kicks in after the arrest. He is under no obligation to advise you of your Miranda rights if you are not in custody.
 
police don't have the right to do s**t!! you dn't have to talk to them if you don't wanna. if they have a warrant and come arrest you you still don't have to say anything..it's your rights
 
Yes, if you are not under arrest then you can not invoke your right to a lawyer. If you are merely being stopped for a traffic violation then the Officer does not have to honor your request for a lawyer. If you are under arrest then and ask for a lawyer the Officer does not have to run out and find you one. All the Officer needs to do is not question you until you have a lawyer present and/or waive your invocation of the request for a lawyer.

Miranda is a very simple concept but because of TV it is one of the most widely misunderstood.
 
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