Re: being read your miranda rights

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On 10/20/07, notacriminal wrote:
> I, along with four other people, was arrested the other
> night for underaged drinking and being drunk in public.
> I'm an 18 year old male. There were about 7 policemen
> while we were getting questioned and put under arrest and
> NONE of them bothered to read us our rights. You could say
> I might have forgotten that they read them, since I was
> drunk and all, but from the minute I saw the marked car, I
> knew we were going to get put in the drunk tank and I was
> waiting the whole night to get my rights read to me, it
> never happened. What can I do?

Miranda only applies if you are in custody and are being
subject to incriminating questions. If those two things are
present, Miranda must be read before the questioning.