No crime drama show is complete without a detective aggressively handcuffing a suspect and reciting what most people refer to as a Miranda warning or Miranda rights:
- You have the right to remain silent.
- Anything you say can be used against you in court.
- You have the right to speak with an attorney and have them present during questioning.
- If you cannot afford an attorney, one will be appointed to you if you desire.
Can the police ask you questions without advising you of your Miranda rights? Generally, yes, but it depends on the circumstances. A law enforcement officer must provide a person with a Miranda warning only if that person is (1) in custody and (2) being interrogated. This principle comes from the Fifth Amendment to the U.S. Constitution’s privilege against self-incrimination.
- Being in custody means being detained or arrested. The person is not free to leave.
- An interrogation occurs when the officer asks questions that could lead to an incriminating response. An interrogation doesn’t need to happen at an interview room of a police station. It can happen on anywhere: In a police cruiser, on the side of the road, at a house—anywhere.
So if a person is facing custodial interrogation (not free to leave, being asked incriminating questions), the police must first provide a Miranda warning.
When is a Miranda warning not required?
- If a person is not in custody and they’re told that they’re free to leave, Miranda warnings generally need not be given.
- If the questions being asked are not designed to lead to an incriminating response (for example, simple identifying information), a Miranda warning is not required.
- If the police arrest a person for an offense and choose not to ask them questions, the police are under no obligation to give a Miranda warning.
- If a person spontaneously shares information with the police, without the police asking a question, then those statements are generally admissible and fair game to be used against that person.
The bottom line: Not every police encounter requires a Miranda warning. But when it does, and when police fail to properly give the warning, the person’s response may not be admissible in court. Everything in law is fact-specific and unique to its own context. Contact us today.
