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How do you know if your Miranda rights were violated?

On Behalf of | Jun 10, 2022 | Criminal Defense |

Most people have some familiarity with Miranda rights. However, most aren’t clear on when law enforcement officers have a legal obligation to “Mirandize” a suspect or what the exceptions are to the obligation.

Basically, Miranda rights protect a person from having self-incriminating information used against them in court. If a person confesses to a crime after they should have been Mirandized but wasn’t, that confession cannot be used as evidence. 

At what point do you have to be Mirandized?

Officers are required to read the Miranda warning before they interrogate someone who is in custody. They don’t have to read those rights when they put the cuffs on you as long as they do so before they start asking substantive questions while you’re in custody. That also means they don’t have to Mirandize you if they simply stop and talk to you – as long as you’re free to go.

Of course, it’s always wise not to answer questions involving alleged criminal activity without legal representation if you believe you could be a suspect. You’re under no obligation to do so unless there’s an imminent public safety threat. For example, if officers question someone about a bomb that’s set to go off any minute, they are expected to provide information, and that information can be used against them in court.

What information isn’t covered by Miranda rights?

Where some people get confused is that they think they aren’t required to answer any question by law enforcement. People are required to provide their name, address and age (as well as ID with that information) if asked for it. Asserting your Miranda rights when a police officer simply asks for your name or driver’s license is going to get you off to a bad start with them, regardless of why you’ve been stopped. Basic identifying information isn’t covered under Miranda rights.

Unfortunately, law enforcement officers don’t always follow the law. They may intentionally or unintentionally violate a person’s Miranda rights. If you believe that information you provided police can be used against you, it’s crucial to determine whether that information was legally obtained. That’s just one reason why getting legal guidance as soon as possible is crucial to protecting your rights and seeking the best possible outcome.