A common misconception is that officers must read someone their Miranda Rights before a person can be arrested. Miranda warnings are required only for custodial interrogations - "questions initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way." Miranda v. State of Arizona, 384 U.S. 436, 444, 86 S.Ct. 1602, 1612, 16 L.Ed.2d 694 (1966).
This is important to remember. Some people believe that since the arresting officer did not read the Miranda Rights, the case must be thrown out. This is not the case. There may be other evidence that the officer is relying upon to make the arrest. Do not begin making comments, or providing information, simply because you believe that the officer made a mistake by not reading your Miranda Rights.
Before speaking to law enforcement, request a lawyer. I do offer free consultations. Feel free to contact me at:
patflanagan@patflanagandefense.com
651-291-5453
www.patflanagandefense.com
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