What Happens If A Police Officer Does Not Read Your Miranda Rights?
Most people in the U.S. believe that if a police officer does not read your Miranda Rights to you, your case will get dismissed. This is not a true statement. Your Miranda Rights only apply if the law enforcement officer asks you questions while you are in custody. This is called “custodial interrogation.” Basically, this means if you are in custody, in handcuffs, or not free to go, a police officer must read your Miranda Rights before they begin interrogating you. If they fail to read these rights, and you choose to answer their questions, your statements cannot be used against you. This is because you were not aware of your rights, including your right to remain silent, when answering the questions. Your case will not be dismissed, but your statements, which could be used as evidence against you, will not be admissible in your case. However, if you are arrested but not questioned, the fact that your Miranda Rights were not read to you will not impact the outcome of your case.