Finding Public Information

If you’ve ever seen an episode of Cops (or perhaps you’ve even been arrested yourself) you’re probably familiar with the mini monologue every cop gives when he slaps a pair of cuffs onto a suspect. For those of you who need a refresher, anyone who finds themselves in police custody may be read their Miranda rights, but not everyone fully understands what they mean. Before your arrest record ends up on a site like Instant Checkmate, you’ll probably be read your Miranda rights.

According to Mirandawarning.org if someone is placed under arrest in America, whom the police plan on interrogating, the arresting officer must recite the following statement to them before asking any questions,

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

The suspect must then give a clear, unambiguous answer that they understand before and police questioning can proceed.

Miranda Myths

There are some common misconceptions surrounding Miranda rights in America. These include but are not limited to:

1) Miranda rights must be read to anyone placed under arrest.

False! Police are only required to Mirandize a suspect if they intend to interrogate that person while in custody. Arrests can occur without the Miranda Warning being given.

2) If police don’t read Mirandize a suspect, anything that person says will be inadmissible in court.

False! If someone is a threat to public safety, questions may be asked without the suspect being Mirandized, and any evidence obtained may be used against the suspect under these circumstances. This is exactly what happened after police apprehended the Boston Marathon Bombing suspect, Dzhokhar Tsarnaev. Law enforcement purposely did not read Tsarnaev his Miranda Warning until after they had interrogated him for 19 hours.

As it turns out, police made the right move. After Tsarnaev had been Mirandized, he refused to answer any more questions, and plead the fifth until he had a lawyer present.

3) After a person is Mirandized, they can refuse to talk to police.

False! Even if a suspect has been Mirandized, they still must answer basic questions about their identity and reveal their name, age, and address to the arresting officers.

4) Once suspects waive their Miranda rights, they can’t take it back.

False! Even if someone initially waves their Miranda Warning and agrees to speak with police without an attorney present, can always change their mind and plead the fifth. At that time, police must cease their interrogation until you have an attorney present.

5) If someone is arrested and their Miranda rights are not read to them, their charge will be automatically dismissed.

False! While any defense attorney worth his law degree will try to capitalize on this procedural mistake, if there is overwhelming physical evidence that indicates guilt, the charge will likely stand because the officers don’t need your statement to find you guilty.

6) A police officer can’t ask a civilian any questions unless they’re been read their Miranda rights.

False! Police officers can ask you anything they want. You do have the right to politely refuse to answer. But chances are if the cops want to talk to you, they’ll find a way to bring you in for questioning. Remember, police only have to read you your Miranda rights if the arresting officer plans to use your statements as evidence in a trial. Other interactions with law enforcement (such as being pulled over for speeding) do not necessitate a Miranda Warning.

It’s important to know your rights, but many people falsely view a Miranda Warning as a protective firewall between themselves and law enforcement. Our Miranda rights were established to protect us from accidently incriminating ourselves before a trial. They should not be invoked as an excuse for people under arrest to be uncooperative with officials.

Jessica Ruane is a criminal law blogger from sunny San Diego, CA. She writes about crime prevention and social justice at blog.instantcheckmate.com. 

About the author
Andreas co-founded Xavier Media® in 1996 and has since been involved in all kinds of development, marketing and making money online.