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Can all evidence be thrown out of case if not read miranda rights

Warner Robins, GA |

I watched a lawyer video online saying that if not read miranda rights, that all evidence against you can be thrown out. Is it true

Attorney Answers 4

Posted

NO. The only evidence that could be supressed would be statements made by the defendant while "in custody" of law enforcement. The failure to provide Miranda warnings have no impact upon the admissibility of other evidence i.e. witness statements, forensic evidence recovered from crime scene, informants, statements of witnesses, officer's observations etc.

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Posted

Short answer is no. Under certain circumstances however a custodial statement can be thrown out if Miranda rights are not given.

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Posted

NO.

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Posted

Miranda only applies to the custodial statements made by a defendant as a result of interrogation. It would not apply to any physical evidence, circumstantial evidence, witnesses or statements that you made that were either out of custody or not the result of police interrogation. For instance, if you were sitting in your house and the police came by to ask you some questions, your statements would be admissible without Miranda warnings (because you were not in custody). Moreover, if you were in jail and told your cellmate something about the crime, your statements would be admissible without Miranda warnings (because you were not being questioned by the police).

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