A freind was placed in handcuffs and detained but never had her rights read to her, is this legal?

My friend was stopped for a cellphone violation and a check on the patrol car computer showed (mistakenly) that her license was suspendd. I am being told that mistakes by the DMV are not all that rare and that all too often folks that are innocent or at worst have their license suspended for not responding to a ticket can wind up going to jail. Nevertheless I thought you had to have your rights read to you when you are handcuffed, placed in a patrol car, and locked up at the precint.

And they are to inform you why you are being arrested as well.

The police Mirandize suspects before interrogating them (you have the right to remain silent, etc.) Your friend was not interrogated. She was arrested and it was clear why she was arrested.

So to answer your question, when you are handcuffed and taken to the cop house in a cruiser, the police are not required to read you your rights.

You're supposed to have your rights read to you when you are actually being charged with something. Being put in handcuffs doesn't mean your being arrested. The cops were just restraining your friend until they figure out what was going on.

Now if they found the license was truly suspending, yes they would have read the rights and told why the arrest.

Rights are required only when a person is both (1) in custody, and (2) interrogated.

Custody means physical arrest, or its functional equivalent (e.g. surrounded by 5 uniforms with guns drawn)

Interrogation means being asked questions which are designed to elicit an incriminating response. "What's your name" is not interrogation. "Where did you hide the pot" is interrogation.

You can be detained for 24 hours without being charged with a crime. The Miranda warnings/rights you are refering to does not prevent you from being cuffed or detained.

100% legal

for everyone's protection, standard operating procedure

You do not have to have your right read to you unless you are placed under arrest and they want to question you.

Yes

Not having your rights read only means anything you say to the cops after being arrested can't be used against you in court.

you do and he didn't do it forgot that is right wrong for him and she could have gotten out of it.

the law is the law when it comes to cell phones..you were told this by her and there always two sides of the story..sounds legal to me

You must be "mirandized" upon arrest. The problem your friend will face is PROVING that she wasn't read her rights. It's unlikely the police will say, "Whoops!"

The rights are read when you are arrested.