Criminal Arrests and Interrogations FAQ

Questions:

• When do the police need a warrant to make an arrest?
• If I'm arrested, do the police have to "read me my rights"?
• Will a judge dismiss my case if I was questioned without a Miranda warning?
• What's the best way to assert my right to remain silent if I am being questioned by the police?
• How heavy-handed can the police get when asking questions?
• Can a person who is charged with a crime be forced to give bodily samples?
• I was pulled over at a roadblock and asked to wait and answer a police officer's questions. Is this legal?

Answer:

Will a judge dismiss my case if I was questioned without a Miranda warning?

No. Many people mistakenly believe that a case will be thrown out of court if the police fail to give Miranda warnings to the arrested person. What Miranda actually says is that a warning is necessary if the police interrogate a suspect and want to use any of her responses as evidence. If the police fail to give you a Miranda warning, nothing you say in response to the questioning can be used as evidence to convict you.

In addition, under the "fruit of the poisonous tree" rule, if the police find evidence as a result of an interrogation that violates the Miranda rule, that evidence is also inadmissible at trial. For example, if you tell the police where a weapon is hidden and it turns out that you gave this information in response to improper questioning, the police will not be able to use the weapon as evidence unless the police can prove that they would have found the weapon without your statements.