QUESTION
When is the latest time the cops have to read your Miranda rights?
Asked on Mar 26th, 2014 on Criminal Law - Missouri
More details to this question:
I was cuffed, was taken to the police station, and was finger printed and everything. Then they just said I know the right so they shouldn’t read them while arresting me.
9 ANSWERS
Miranda only has to be read if there is post-arrest interrogation. Most cops are trained to get everything they need out of your mouth "prior" to cuffing you, so Miranda rarely applies.
Answered on Mar 28th, 2014 at 5:14 AM
"Miranda Rights" only affect the admissibility of your statements made during an in custody interrogation.
Answered on Mar 28th, 2014 at 5:14 AM
Criminal Defense Attorney serving Bloomfield Hills, MI
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Miranda only applies to questions asked to you by the police once you are in custody. The law doesn't require police to read you your rights upon taking you into custody. Informing you of your rights is required if the police interrogate you once you are in custody and if they intend to use your statements or answers to their questions in court as evidence against you.
Answered on Mar 28th, 2014 at 5:13 AM
Personal Injury Attorney serving Pasadena, CA
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Miranda is necessary prior to any "custodial interrogation".
Answered on Mar 28th, 2014 at 5:13 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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There is a big misconception about Miranda rights, when they need to be read to you, and what the remedy is for failing to read them to you. Police only have to read the warnings if they arrest you AND they wish to interrogate you or ask you incriminating questions. Simply because they arrest you does not mean they have to read them to you. The purpose of Miranda is so you do not offer incriminating evidence or statements against yourself. If you were to give a statement without the police having read you your Miranda warnings when they should have, the incriminating statements you gave would be suppressed or kept out of evidence.
Answered on Mar 27th, 2014 at 2:44 PM
Creditor's Rights Attorney serving Clayton, MO
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The police do not have to read you your Miranda rights unless they plan on interviewing you. If they interview you without Miranda warnings, then what you said may not be admissible in court.
Answered on Mar 27th, 2014 at 11:18 AM
Michael J. Breczinski
If they are just arresting you then they do NOT have to read you Miranda at all. It only has to be given, if AFTER arrest, they want to interrogate you. If they do not ant to question you about things that could incriminate you then Miranda is not needed. Most TV shows have this wrong.
Answered on Mar 27th, 2014 at 11:17 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Discuss this with you attorney, but what you have outlined does not, alone, raise an issue.
Answered on Mar 27th, 2014 at 11:17 AM
Police don't have to read you your Miranda rights at all, even if they arrest you. The only time they read you your rights is if they want to question you while in police custody and use your testimony against you in court. If the evidence of the crime is extremely obvious, there is no reason to question the suspect, so they don't bother reading the Miranda rights.
Answered on Mar 27th, 2014 at 11:15 AM