Understanding Your Rights During Police Interrogations

It's a common misconception that any arrest made without reciting Miranda rights automatically results in a get-out-of-jail-free card. This is simply not the case. However, it is true that if law enforcement officers fail to issue the requisite Miranda warnings, they cannot use the statements made by a suspect as evidence in court.

Mandated by the Supreme Court in the landmark case Miranda v. Arizona, Miranda rights ensure that accused individuals are aware of their constitutional protections during an arrest. These rights, encapsulated in the familiar phraseology often dramatized on television, include:

• The right to remain silent, as anything you say may be used against you in a court of law.
• The right to consult with an attorney and to have that attorney present during any police questioning.
• The right to a court-appointed attorney if you cannot afford one.
• The right to stop answering questions at any point during police questioning.

The crux of the Miranda requirement hinges on whether an individual is in custody. Detainment by police significantly limits one's freedom and, under such circumstances, Miranda warnings must precede any interrogations that aim to elicit incriminating evidence.

However, if an individual is not detained, no such warnings are mandated, and statements made can be leveraged in court if that individual is later charged with a crime.

The fact that police can pose questions and utilize the responses in court, without offering Miranda warnings to non-detained individuals, often comes as a surprise to many.

Does this mean you must answer police questions before being formally arrested? Not at all. Officers cannot arrest someone solely for refusing to answer their inquiries. The Fifth Amendment provides for the right to remain silent, and unless officers have reason to arrest or reasonable suspicion to conduct searches, individuals approached by police have the right to not engage. Consulting an attorney before talking to police is a recommended course of action, particularly if you suspect you are under investigation.

There are exceptions, however. Loitering laws and traffic stops often compel individuals to provide identification and explain their presence or conduct.

Criteria less stringent than probable cause, namely "reasonable suspicion," permits a police officer to perform a 'stop and frisk' — briefly detaining and patting down individuals suspected of criminal involvement.

In some instances, these searches lead to discoveries that result in an arrest.

It is crucial to understand that the issuance of Miranda warnings is obligatory after an arrest. Defense lawyers almost unanimously advise limiting communication until legal counsel can be obtained. Responding to police questions without an attorney often leads to self-incriminating evidence.

Any statement made during custodial questioning is inadmissible if Miranda rights have not been read. Moreover, evidence found as a consequence of a Miranda rights violation is typically barred from court proceedings.

Statements must be made willingly to be admissible in court, and any evidence obtained via coercion is also not allowed in the courtroom.

If you or someone you know faces an interrogation without being issued their Miranda rights, or experiences coercion from law enforcement, contact The Law Office of Monte J. Robbins, Esq. at 303-355-5148 to ensure your rights are defended.

Protecting your constitutional rights and providing legal counsel is at the heart of what we do at The Law Office of Monte J. Robbins, Esq. Remember, your rights matter at every stage of police interaction.