I wasn’t read my rights. My case has to be dismissed, right?!

During our initial meeting, I will often have clients enthusiastically declare that their case must be dismissed because the police failed to read them their rights after an arrest. It’s never fun to inform them that unfortunately, this is not actually what the US Supreme Court case Miranda v. Arizona requires. Miranda prohibits the prosecution from using statements that a suspect makes if they are interrogated after being placed “in custody” (which can be less than a formal arrest). That means that if the police do not ask questions of the person they detain, there is no requirement for them to read Miranda rights.

But perhaps because there is no absolute rule that police must be read Miranda rights every time they issue a ticket, they do frequently fail to advise on these rights when required. There is nuance to the analysis of when statements were made in violation of Miranda, resulting in their suppression. If you have a situation where you believe the police may have run afoul of their obligations, it’s smart to consult with a lawyer and to see what that means for your case.