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A police officer reading a suspect their Miranda rights is a familiar scene in TV shows or movies. In crime shows, things get complicated for the boys in blue if it was proven that the arresting officer didn’t read the suspect their Miranda rights. Is it always that simple? What does happen when an arresting officer doesn’t read the Miranda rights?
One of the biggest components of the Miranda rights is to let suspects know their right to remain silent in conjunction with the Fifth Amendment wherein suspects cannot be legally compelled to incriminate themselves and that the refusal to answer is not tantamount to an admission of guilt. In addition, the Miranda Rights only protect suspects from what they say, not their actions.
However, there are situations where police officers may not read a suspect their Miranda rights as in the case of certain emergencies. The police may also skip reading you your rights if they have no plans on interrogating you.
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Although police officers may not have read them their Miranda rights upon arrest, they have to read them their rights before suspects are interrogated. It is imperative that they know that anything they say can and will be used against them in a court of law. Thus, the right to remain silent. It is also paramount that suspects know that they have the right to have an attorney and that one will be relegated to them if they currently do not have one.
Joe Tacopina, the founder and Managing Partner of Tacopina & Seigel, specializes in criminal, civil, and securities litigation. Mr. Tacopina is an attorney who has positioned himself well as a committed legal professional and an accomplished leader. To learn more about the law, visit this blog.
