When should police read you your Miranda rights?

Asked about 2 years ago - Chandler, AZ

a police officer is saying I gave him a bag of meth he didnt arrest me he filed a long form complaint instead should my miranda right still been told to me at the time, since he filed charges on me that came a year later??

Attorney answers (3)

  1. Paul E Knost

    Contributor Level 16

    4

    Lawyers agree

    Answered . Miranda warnings only have to be read to you when:

    1) you are in custody and not free to leave, and
    2) the police want to interrogate you and get incriminating statements from you that they can later use against you.

    It is a common misconception out there that Miranda warnings must be read in order for there to be a valid arrest or valid charge. But this is incorrect. It is perfectly legal for the police to question a person who is not in custody and never tell the person anything regarding their right to remain silent.

    Police take advantage of the public's poor understanding of this concept. That's why the police will routinely call a suspect and ask him to come down to the station to give a statement. They have every intention of arresting him and getting incriminating statements from him.

    BUT IF THE SUSPECT COMES DOWN TO THE STATION VOLUNTARILY, THEN HE IS NOT IN CUSTODY, RIGHT? HE IS FREE TO LEAVE, RIGHT? HE CAME ON HIS OWN, RIGHT? NO MIRANDA WARNINGS NECESSARY! AND EVERYTHING HE SAYS WILL STILL BE USED AGAINST HIM!

    Or consider the situation where the police call the suspect and talk to him on the telephone. The suspect is not in custody. The police are recording. No Miranda warnings need to be given.... And everything he says on that phone call can be used against him.

    This is why it is so important to remain silent at all times. No matter what, remain silent!

    Here in the U.S.A., they still will not torture a suspect to get his statements (usually). But they will certainly trick him, lie to him, and deceive him.

    NONE OF THE INFORMATION PROVIDED HERE IS MEANT AS, NOR INTENDED AS LEGAL ADVICE. THE LAW IS CONSTANTLY... more
  2. Harry Edward Hudson Jr

    Contributor Level 20

    4

    Lawyers agree

    Answered . When you are in custody and they are interrogating you.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  3. Benjamin J Lieberman

    Contributor Level 20

    3

    Lawyers agree

    Answered . The police are only required to read you your Miranda warning/rights if they intend on questioning you.

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