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LEOs only have to read you your miranda rights if they arrest you, but they still apply even if you're just being detained.
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actually that's a common misconception. Police only have to read your miranda rights when asking questions pertaining to an ongoing investigation. You can be arrested, booked, and jailed without once being read your miranda rights. It's a county decision on whether or not your rights need to be read at time of arrest, it's not required. Even the wiki page points it out...
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the Miranda warning is a warning given by police to criminal suspects in police custody, or in a custodial situation, before they are asked questions relating to the commission of a crime |
I was busted last march and was never, ever, read my rights. I was arrested, booked, strip searched twice, jailed for 18 hrs in a dorm style jail, and then released on bail. When i called my lawyer and informed her i was never read my rights i was informed that it didn't matter, that i didn't have to answer questions presented to me by the arresting officer, and any information i gave was given on my own free will. So now i know that every time i'm stopped the only info im required to give is my name, my ID, and my cars papers if driving. Any other question besides civil chit chat (like how are you today) receive a non response or "i would prefer to answer any questions with my lawyer present or on speaker phone".
Luckily enough for me the cops fucked up somewhere along the lines (i think their reason for search and seizure was invalid) and i have a motion to suppress all evidence obtained via the search issued. The important thing to remember is that you ALWAYS have your miranda rights whether you are read them or not. At no time are you required to answer any question at all, besides name and ID, and that you have the right to have a lawyer present during all questionings and searches. It was a 4000$ dollar bad choice i made that night and i really hope no one else has to pony up that cash, or go through what i did, jail is an experience i wish on no decent human.