No Miranda Warnings Given - No Statement Taken
If the police have a suspect in custody or under arrest they do not have to inform that person of their constitutional rights to remain silent UNLESS they intend to interrogate that person. Therefore, if there is no request by the police to take a statement then there is no requirement for the police to read you your rights and your arrest is not invalid because of the police officers failure to read you these warnings.
Interrogation by the police with out Miranda Warnings given.
When the police question a suspect while in custody the law requires that the police clearly advise each suspect of their Miranda Rights. If the Miranda Rights are not given as prescribed by law then any statement given by the suspect to the police can be suppressed (not permitted to be used against the person) by the judge at a trial.
These are the Miranda Warnings.
1. You have the right to remain silent and refuse to answer questions. Do you understand? 2. Anything you do say may be used against you in a court of law. Do you understand? 3. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand? 4. If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand? 5. If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand? 6. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?