Are arresting officers breaking the law when they arrest some one and never read them there rights?

my 15 year old grand son was arrested at his school in front of 2 school counselors that state that the arresting officers did not read him his rights. and my grand son is in a special ed alternative school and receive SSI and is a client of DDS developmental development services for children . I am in total agreement with the arrest but now how the arrest was carried out and where it was done. He ran down the hall screaming with one hand cuff on his wrist and there were other developmental children in there class and they could hear my grand son screaming in the hall way at the top of his lungs.... during the whole investigation they were alway able to find my grand son in the same location at his center for where he has lived for the last 19 months. he is a child with issues and was not a flight risk.

Are arresting officers breaking the law when they arrest some one and never read them there rights?
Yes.


But you said it yourself that he is 5150?





So reading him his rights and him understanding, there has to be alternative arrest and detainment procedures.





My brother went 5150, they took him to the hospital. My mother took care of him after that. My son when he gets in a fight with his ex wife, acts 5150 so they can take him to a better place than jail.





So just make sure, that he is medically taken care of. Then handle the process of him being under develop. They should appoint him a special social worker? They should handle everything and inform you.





Good Luck
Reply:I am only required to read someone their rights before questioning them after an arrest. If no questions are asked, no rights need to be read.
Reply:Since when is reading of rights a law? No they did not break any laws.
Reply:I agree with Mark B, In addition If you are under arrest the don't have to read your rights to you until your processed into the county lockup. Even then It's you word against the officers at that point.
Reply:Police can't use anything the arrestee says as evidence if they don't read them their rights first (In the U.S. at least. Theoretically.). Search for "miranda warning" on Google.
Reply:Miranda rights are a rule of evidence, not a criminal law. If you fail to read someone their rights, you are not breaking any laws. It just means the statements are not admissible in court.





Miranda is never automatically required upon arrest. It is only required when both of the following conditions exist:





1. The person is in custody and not free to leave


2. The person is being questioned about the crime he was arrested for.





As far as where and when the arrest takes place, that is up to the officer and not the suspect.
Reply:Does it matter? Your grandson was arrested and you are supposedly in total agreement.





A good scare from the Cops is exactly what he needs. If you get him off on a technicality hes never going to learn, is he?
Reply:It is not illegal however can make evidence inadmissible. For instance in a hypothetical situation after being arrested and not made aware of their rights, a suspect confesses to a crime. That confession may not be allowed in court as the suspect has a right to silence that they may not have been aware of (it does not actually matter whether they were or not).
Reply:No. Miranda is only required when someone is under arrest and being questioned about a crime. Merely arresting someone does not require Miranda. In fact it is a good practice not to randomly Mirandize someone as soon as you arrest them.





Your grandson's actions (running around and screaming) are not the fault of the arresting officer(s). They are the fault of your grandson.

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