The Police Officer Did Not Read Me My Miranda Rights. Will My Case Be Dismissed?

Many people charged with crimes wonder whether courts will automatically dismiss their case because the arresting officer did not read them their Miranda rights. No, simply failing to read a suspect their Miranda rights does not automatically lead to a case dismissal.

Miranda warnings are crucial. However, an officer failing to read them does not always mean dismissal of criminal charges. The primary remedy for a Miranda violation is to exclude any statements made by the suspect during custodial interrogation after the violation. However, the violation itself doesn’t necessarily invalidate the entire case.

Miranda warnings aren’t constitutional rights themselves. Rather, they protect your constitutional right against self-incrimination.

The Fifth Amendment to the United States Constitution states that no person “shall be compelled in any criminal case to be a witness against himself.” This means that you have the right to remain silent while undergoing questioning in custody. You do not need to give statements to law enforcement or testify in a criminal proceeding. Miranda warnings ensure you are aware of this constitutional right.

If you are facing charges and have concerns about your Miranda rights, don’t wait. Contact our criminal defense attorneys at 513-496-0134. With over 200 years of combined experience, we are ready to answer all your questions and guide you through the legal process.

What Are My Miranda Rights?

The term “Miranda rights” or “Miranda warnings” originates from the landmark 1966 U.S. Supreme Court decision in Miranda v. Arizona. This case established that the Fifth Amendment’s protection against self-incrimination extends to individuals under police custody.

To safeguard this right, the Supreme Court mandated that law enforcement officers must inform suspects in custody of certain rights before interrogation. These rights, now known as Miranda rights, include:

• You have the right to remain silent
• Law enforcement may use your statements against you at trial
• You have the right to have an attorney present during any questioning by law enforcement
• And if you cannot afford an attorney, one will be appointed for you

Most importantly, the court held that unless the suspect receives warnings of his or her Fifth Amendment rights, any statements made by the suspect in custody in response to police questioning cannot be used against the individual at a trial.

When Must My Miranda Rights Be Read?

It is clear what Miranda warnings are. But when must the police read someone’s Miranda rights? Law enforcement must read the Miranda rights only when a suspect is both in custody and subject to interrogation.

The Police Must Read Them When You Are In Custody

Understanding when police must read Miranda rights in custody situations is crucial. This knowledge can help you protect your rights during interactions with the police.

• Definition of custody under Miranda: Custody is not limited to being in a police car or at the police station. “Custody” under Miranda is when law enforcement deprives someone of his or her “freedom of action in any significant way.” Custody is determined by objective circumstances, not personal feelings. If a reasonable person in those circumstances would not feel free to leave, then he or she is in custody.
• Traffic stop detainment and custody: Being pulled over and questioned by a police officer doesn’t typically qualify as custody, so Miranda warnings are not usually required. For instance, if you are pulled over and the officer suspects you are driving under the influence of drugs or alcohol, and you admit you have had a lot to drink, prosecutors can use that statement against you.

Knowing these details helps you spot when you are in custody. You can then make smarter choices about using your Miranda rights during police encounters.

The Police Must Read Them Before Interrogation

Second, Miranda protection only applies to individuals in custody and undergoing interrogation. The Court defined “interrogation” as “express questioning or its functional equivalent.” The court explained that the functional equivalent of direct questioning is law enforcement’s words or actions, which law enforcement should know are reasonably likely to elicit an incriminating response.

For example, assume a person is sitting in handcuffs at the station and the police did not read his Miranda rights. The person is in custody for Miranda because he is in handcuffs. The person blurts out, “I shot the clerk!”

In that case, prosecutors may use the statement against the defendant. This is because the police were not interrogating him when he made the admission. Miranda only applies when a person is in custody and going through interrogation.

When Are Miranda Rights Not Required?

Miranda rights are not always mandatory in every interaction with law enforcement. Here are some situations where police officers may not need to read Miranda warnings:

• General questioning: During routine patrol duties, officers can ask general questions without reading Miranda rights. This includes casual conversations or questions that are not part of a specific criminal investigation.
• Public safety exception: In emergencies where immediate action is necessary to protect public safety, officers may bypass Miranda warnings temporarily. For example, asking about the location of a weapon or an accomplice to prevent imminent danger.
• Booking procedures: When processing an arrest, officers can ask for basic information like name, address and date of birth without Miranda warnings. These routine questions are usually administrative, not investigative.
• Noncustodial interrogation: Miranda rights are only necessary when a person is in custody. If an individual is free to leave and not under arrest, officers can question them without reading Miranda rights.
• Routine traffic stops: During standard traffic stops, Miranda warnings are generally not mandatory. Officers can ask for license, registration and insurance information without giving Miranda warnings.
• Voluntary statements: If a suspect spontaneously offers information without prompting or interrogation by police, Miranda warnings are not required. This applies even if the person is in custody.

Remember, while these situations may not require Miranda warnings, law enforcement may still use anything you say as evidence. It is always advisable to consult with a lawyer before answering questions about a potential crime.

Protect Your Rights With Our Criminal Defense Attorneys

If you are facing charges in Cincinnati or anywhere in Ohio or Kentucky, seek professional legal advice. Our experienced criminal defense attorneys can evaluate your case, determine if the police overstepped your rights and help you develop a defense strategy.

You don’t have to face the legal system alone. Contact Rittgers Rittgers & Nakajima at 513-496-0134 or complete our online contact form today. Our team can help you take the next step forward.