What You Should Know About Your Miranda Rights if You Are Arrested

If you encounter a law enforcement officer, for any reason, it is essential to understand you have rights. Along with knowing that you have rights, you also need to know what those rights are.

If you have ever seen a police drama on TV, you have likely heard of Miranda Rights. However, do you really understand what these are, what they mean, or where they came from?

It All Started with Ernesto Miranda

Miranda Rights were named after the Miranda v. Arizona₁ U.S. Supreme Court ruling. After stealing $8.00 from a bank worker in Arizona, Ernesto Miranda was arrested. After undergoing two hours of questioning, he admitted to the robbery he was accused of, along with kidnapping and rape. When taken in for questioning, he was never instructed that he was not required to speak to the police or that he had the right to consult with an attorney. He confessed and was found guilty.

This conviction was appealed, and it was ruled that the statements Ernesto made to the police could not be used against him because no one advised him of his Constitutional rights. Ever since this decision, police must recite the Miranda warning to suspects before questioning them.

Keep in mind that this case did not establish any new rights – it merely provided additional protection of a person’s fifth and sixth amendment₂ rights.

Now it is time to make sure you know what your rights are.

Your Rights

You have several rights. These include:

• The right to stay silent
• Any information you provide or anything you say can be used by the prosecution to build a case
• The right to have an attorney present
• An attorney will be appointed if you cannot afford their services

What if You Are Arrested, and No Miranda Rights Are Given?

The purpose of the Miranda decision was to make sure suspects are fully aware of their Constitutional rights. It is important to note that some questions can be asked by police officers that do not require the reading of Miranda Rights. These include questions like your name, social security number, and date of birth.

Usually, states will enforce specific rules regarding how police officers can arrest individuals₃.

However, typically, if the police start to question you before you are arrested and provide information, it can be used against you if your case goes to court. If you are arrested, and your rights are not read to you, any information gathered will usually be considered inadmissible as evidence₄ if your case goes to court. If a police officer uses any level of force to try to coerce information from you, it is considered inadmissible as evidence.

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Hire an Attorney for Help

Remember, any time you deal with the police, you have rights. If you are arrested and do not have your Miranda Rights read, you should contact an attorney right away. They will help ensure you receive the Constitutional Rights you deserve.

Sources:

1. https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-miranda-v-arizona
2. https://www.arbiternews.com/post/the-difference-between-the-5th-and-6th-amendment-right-to-counsel#:~:text=The%20Fifth%20Amendment%20right%20to,critical%20stages%20of%20criminal%20prosecutions.
3. http://www.kslegislature.org/li/b2019_20/statute/022_000_0000_chapter/022_024_0000_article/022_024_0001_section/022_024_0001_k/

https://www.law.cornell.edu/wex/inadmissible_evidence#:~:text=Evidence%20that%20can%20not%20be,relevant%20to%20the%20case%2C%20etc.