{"id":1643,"date":"2019-10-24T20:38:45","date_gmt":"2019-10-24T20:38:45","guid":{"rendered":"https:\/\/www.landersandsternberg.com\/?p=1643"},"modified":"2019-11-05T18:56:01","modified_gmt":"2019-11-05T18:56:01","slug":"why-didnt-the-officer-read-me-miranda","status":"publish","type":"post","link":"https:\/\/www.landersandsternberg.com\/es\/why-didnt-the-officer-read-me-miranda\/","title":{"rendered":"Why Didn\u2019t the Officer Read Me Miranda?"},"content":{"rendered":"\t\t
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Do police officers have to read me my Miranda Rights if I am arrested?<\/b><\/p>

The short answer is: No, not always. It truly depends on each situation. Many of my clients who have been arrested ask me about their Miranda Rights. Most of us have seen plenty of television shows where a robot-like police officer makes an arrest and says \u201cYou have the right to remain silent\u2026\u201d and explains to the arrestee that they have other rights related to having an attorney. This article serves to explain where these Miranda Rights come from and what they mean for you.<\/p>

Why is it called a \u201cMiranda Warning\u201d?<\/b><\/p>

In 1966, the Supreme Court ruled that the police must explain that individuals who are detained have a constitutional right to an attorney and to not incriminate themselves. The name of the Supreme Court case was Miranda v. Arizona<\/a>, so that is why these rights are called Miranda Rights and the warning given by police officers is called a Miranda Warning<\/a>.<\/p>

When must a person be informed of their Miranda Rights?<\/b><\/p>

There are two key factors that must be present before an officer is required to give a Miranda Warning. The first is that the criminal suspect must be detained. The second factor is that the police officer intends to interrogate the suspect.<\/p>

Whether a person has been detained or not can be a difficult question to answer briefly, but I will do my best. In the context of Miranda, being detained really means that the person is in police custody. A person is said to be in custody when the suspect\u2019s ability to move freely is diminished to the \u201cdegree associated with formal arrest.\u201d California v. Beheler, 463 U.S. 1121<\/a>, 1125 (1983)<\/i>. In practice, this definition is critical, because a traffic stop is a temporary detainment but the person being pulled over for a traffic infraction isn\u2019t \u201cin custody,\u201d so an officer can ask the driver questions without reading a Miranda Warning.<\/p>

The second factor is the more obvious one. Even if you are in custody, police officers are not required to inform you of your Miranda Rights if they don\u2019t interrogate you. Thus, if the police witnessed you commit a crime, like battery, and then they arrest you and drive you to the jail to be booked, then they were never required to read you the Miranda Warning. Why? Because they did not interrogate you. It\u2019s really that simple.<\/p>

What is the \u201cMiranda Warning\u201d?<\/b><\/p>

There is not an exact wording of the Warning that is completely consistent across all police agencies. However, they all have the same effect when it comes to informing the detained individual of their constitutional rights. Most police officers have a Miranda card that they read from and the warning generally goes something like this:<\/p>

  1. You have the right to remain silent.<\/li>
  2. Anything you say can and will be used against you in a court of law.<\/li>
  3. You have the right to talk to a lawyer and have him present with you while you are being questioned.<\/li>
  4. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish.<\/li>
  5. You can decide at any time to exercise these rights and not answer any questions or make any statements.<\/li><\/ol>

    Do you understand each of these rights I have explained to you?
    Having these rights in mind, do you wish to talk to us now?<\/p>

    What do I do if I am read Miranda?<\/b><\/p>

    All detained suspects who are to be interrogated have these constitutional rights that come from Miranda v. Arizona, so I encourage my clients to exercise these rights. Why? Well, to be frank, because they are your rights. They are meant to protect you, so it is almost always in your best interest to exercise these rights and have a lawyer assist you with the criminal investigation process. Police interrogations can be intense and confusing, which often result in suspects giving information to the police that may incriminate them. It is better to err on the side of caution and exercise your right to have an attorney present during an interrogation by the police when you are in custody.<\/p>

    <\/p>

    If you have any questions about your criminal matter, please call our firm at (407) 495-1893.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

    Do police officers have to read me my Miranda Rights if I am arrested? The short answer is: No, not always. It truly depends on each situation. Many of my clients who have been arrested ask me about their Miranda Rights. Most of us have seen plenty of television shows where a robot-like police officer […]<\/p>\n","protected":false},"author":5,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"nf_dc_page":"","footnotes":""},"categories":[1],"tags":[],"class_list":["post-1643","post","type-post","status-publish","format-standard","hentry","category-general","entry"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.landersandsternberg.com\/es\/wp-json\/wp\/v2\/posts\/1643","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.landersandsternberg.com\/es\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.landersandsternberg.com\/es\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.landersandsternberg.com\/es\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/www.landersandsternberg.com\/es\/wp-json\/wp\/v2\/comments?post=1643"}],"version-history":[{"count":7,"href":"https:\/\/www.landersandsternberg.com\/es\/wp-json\/wp\/v2\/posts\/1643\/revisions"}],"predecessor-version":[{"id":1652,"href":"https:\/\/www.landersandsternberg.com\/es\/wp-json\/wp\/v2\/posts\/1643\/revisions\/1652"}],"wp:attachment":[{"href":"https:\/\/www.landersandsternberg.com\/es\/wp-json\/wp\/v2\/media?parent=1643"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.landersandsternberg.com\/es\/wp-json\/wp\/v2\/categories?post=1643"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.landersandsternberg.com\/es\/wp-json\/wp\/v2\/tags?post=1643"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}