Q: Can an officer arrest my girlfriend without having the warrant and not reading her maranda rights at all?
He come said there was a warrant but didn't have it, he cuffed her, searched her pockets, didn't read her maranda rights, wouldn't tell me what the bond was he said he didn't know, put her in the front seat cuffed and drove her to the sheriff's station which is also the jail. 2 witnesses were there at the time and I believe it's unjust to not have the warrant or read rights and should be thrown out
A: It's not an absolute that he have a copy of the warrant when he arrests her, he needs to have a good faith basis there is a warrant. If he arrested her and there was no warrant then he opens himself and the department to a law suit. An officer does not have to read a person their constitutional rights when arresting the person, unless they are asking questions other than name, dob, address, etc. But if he asked her questions that would be considered custodial interrogation then he must read her Miranda Rights.
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