Then they can arrest the suspect after getting the incriminating statement they wanted all along. For more detail, see our article on the meaning of "custodial interrogation. Do you have to respond to police questions if you haven't been arrested? Generally, no. You typically don't have to answer even if you're under arrest.
A police officer generally cannot arrest a person simply for failure to respond to questions. There are, however, situations where you might have to provide information like identification. The almost-universal advice of defense attorneys is to keep the old mouth tightly shut when being questioned after an arrest, at least until after consulting an attorney.
Suspects all too frequently unwittingly reveal information that can later be used as evidence of their guilt. Without a Miranda warning, what the arrestee says in response to custodial questioning can't be used for most purposes as evidence at trial.
For more detail, see our article on when statements obtained in violation of Miranda can be used against you. A violation of Miranda rights doesn't necessarily mean that the officers coerced the statement out of the suspect. But if they did, not only is the statement inadmissible, but so too is any evidence that the police obtain as the result of it.
For an idea of what this kind of scenario looks like, read up on Miranda and involuntary confessions. The Miranda rule is complex, and no one article can address all its ins and outs. If you've been arrested or charged with a crime, you should talk to a lawyer for a full explanation of the law, including how it may differ slightly in your state.
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Grow Your Legal Practice. Meet the Editors. What really happens if police don't give Miranda warnings to a suspect. Unfortunately, determining what constitutes custody of someone suspected of a crime and what circumstances qualify as interrogation can be complicated.
While minimal changes in the exact phrasing are allowed, the traditional Miranda warning must be read more or less in its entirely to any person who meets two specific criteria: they are in police custody, and they are about to undergo interrogation by police. Only one of these factors being present is not sufficient to make a Miranda warning a requirement under current United States court precedent. This means that police officers are technically not required to read a person their rights immediately after they are arrested, but must before they start formally questioning them.
As with custody, the circumstances that constitute interrogation can be somewhat subjective. Anyone in Minnesota who suspects their Miranda rights have been violated should get in touch with a criminal defense lawyer as soon as possible.
Miranda warnings inform people of their constitutional rights to remain silent and to have a lawyer present during police questioning. Police read Miranda rights after detaining someone but before beginning an interrogation questioning. The police don't have to say the warnings in that exact way or order.
They just need to convey these rights to an accused person. The rights included in the Miranda warnings come from the Fifth and Sixth Amendments to the Constitution. The Fifth Amendment contains the right against self-incrimination, and the Sixth Amendment contains the right to counsel.
The name Miranda comes from a Supreme Court case Miranda v. Arizona, U. Miranda applies only to custodial interrogations, which means the police don't have to give Miranda warnings every time they question or talk to someone. Miranda rights come into play when the police arrest or detain someone. Detention here means that the person reasonably believes he or she is not free to leave. It doesn't matter where the questioning happens—at the police station, the scene of the crime, or a busy public place.
What matters is that the person is in custody and cannot leave. For instance, say Melody encounters the police at a house that has been set on fire. The police begin to question her about what she saw. Because they're questioning her as a witness and have not restrained her movement in any way, they're not required to give her Miranda warnings.
However, during the questioning, Melody mentions a detail that the police don't believe she could have known without being involved in the fire. They then arrest her on suspicion of arson and inform her of her Miranda rights. The police can use as evidence anything she said before they gave her the Miranda warning and anything she chose to say after. To invoke your Miranda rights even the right to remain silent , you must say something to police that indicates you are choosing to remain silent and want the interrogation to end or that you want an attorney.
Staying quiet in the face of the questioning is not enough to invoke Miranda or to make the interrogation stop.
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