Do The Police Have To Read Me My Rights If I’m Arrested?
NO!
This is one of the most common misconceptions I find in criminal law. I bet I get a call at least once a week saying, I need to speak to you about my arrest - it should be thrown out because the police didn’t even read me my rights!
Is that true?
Unfortunately, almost always no!
Remember, what does it mean to “read you your rights?” We are talking about Miranda Rights. You know - You have a right to remain silent…anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford….”
When does a police officer or investigator have to read you your Miranda rights? Only if they are asking you questions!
Let me give you a common example where a police officer will arrest someone and not read them their Miranda rights - cops show up at a house with a search warrant. They execute that search warrant and find drugs in the residence and immediately arrest the owner of the home. In this situation, if the police think they have enough evidence, they may not read the owner of the home their rights because they don’t plan on asking them any questions.
But aren’t they supposed to read them their rights? Technically, they should! But it will not result in the case being dismissed or thrown out UNLESS the entire case was based upon a confession!
Miranda Rights were designed to make sure suspects realize they do not have to speak to the detective and that they have a Constitutional right, under the 5th Amendment, to remain silent. If the officer fails to read them their rights, the court will have to analyze a few key points:
1. Was the person “in custody”?
a. What does in custody mean? In other words, was the accused free to leave? For example, if an officer walks up on someone and starts talking to them, most courts have interpreted this to mean you are free to leave and you are not “in custody.” However, if an officer detains you, puts you in cuffs and starts asking you questions, that is a different story - courts will clearly determine that you were “in custody” and not free to leave. As such, if the officer fails to read you your rights and subsequently say something, those statements cannot be used against you
2. Was the person being interrogated?
a. In addition to being “in custody,” you must have been interrogated by the officer. Interrogated means the officer had to be asking you questions and you responded to it.
b. A common problem we find is when no questions were being asked but the client is nervous and will not stop talking to the officer. These spontaneous statements given by someone in custody can always be used against them!
3. What if the police did not read me my rights and they were violated - what can my lawyer do about it?
a. Motion To Suppress
The real lesson here - even though the police should always read you your rights, it doesn’t change the fact you have rights! Take the 5th! Tell the officer you will answer every question they have when your lawyer is standing next to you! Don’t let the police twist or misinterpret your words!
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00:00 Are The Police Required To Read You Your Rights?
00:42 Should Your Case Be Thrown Out If The Police Didn't Read Your Miranda Rights?
01:10 When Does A Police Officer Have To Read You Your Miranda Rights?
03:01 What’s Miranda Rights?
05:24 What If The Police Don't Read You Your Rights And Your Rights Were Violated?