What Happens if the Police Don’t Read Me My Miranda Rights in Minnesota?
We’ve all heard about Miranda rights on social media, on television crime shows or in the press. The standard Miranda warning here in Minnesota reads as follows:
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 warning became a national police requirement when ordered by the U.S. Supreme Court in Miranda v. Arizona in 1966.
“Police are happy to keep asking questions and then will only arrest you after they have what they want. You may be locking yourself up with every word.”
When Must Miranda Rights be Read?
A Miranda warning must be read when a person is in police custody and subject to interrogation. The ‘in custody’ requirement applies when a reasonable person under the circumstances believes that he or she are the control of the police as if they were under arrest and aren’t free to leave.
Factors that the Courts may consider include:
When the suspect was interviewed at the police station;
How long the suspect was interviewed at the police station;
Controlling the suspect’s freedom of movement;
The presence of multiple officers;
The presence of police weapons during the interrogation.
“If the police would have read you your rights but didn’t bother to do so, we may be able to suppress everything you said.”
If you are read your Miranda warning and the police want to talk, you should remain silent and ask for a lawyer immediately. “I want to talk to my lawyer now.” Then, contact your criminal defense lawyer immediately. Remember, the police are building a case and they are allowed to lie to you during this process including about what they know, think they know, what other people have said and more.
When Does Miranda Not Apply?
Miranda is absolutely not always required with police interaction. The police don’t have to provide Miranda warnings for all questions. The real requirement is during “in custody” police interrogations. So, if you provide statements while not in custody, that information will likely be admissible in court against them. Examples where Miranda may not be required include:
When police first arrive at a crime scene and start asking questions of people;
When police stop somebody for traffic stops because these encounters are quick, temporary, and in public;
When people come into the station voluntarily to answer questions.
When police interrogate the person at their home and they can stop any time;
Informing the suspect that are not under arrest;
Informing the suspect that they are free to leave any time;
Informing the suspect that they can get up, make phone calls and more.
If you may be a suspect in a crime, the police will do everything they can to get you to make statements before you are under arrest and before they are required to make Miranda warnings. As a result, it may be critical that you say nothing and ask to speak with an experienced Minnesota criminal defense attorney immediately.
“The police are trying to build a case and are trying to get you to help them do that. Say nothing and ask for your Minnesota Criminal Defense Lawyer.”
If you are being held in custody and being interrogated, your Miranda rights matter and it is critical you contact a criminal defense attorney as soon as possible. If the police want to “just talk”, talk to your lawyer first.
Jack Rice is the founder of Jack Rice Defense, a Criminal Defense firm based in St. Paul Minnesota. Jack is a former prosecutor, a Board Certified Criminal Law Special and an award winning criminal defense attorney and is well versed in Miranda and statement admissibility. For a free confidential consultation, contact Jack Rice Defense at 651-447-7650 or click this link to leave a message. We will follow up.