Miranda Rights: What Happens If the Police Don't Read You Your Rights

What really happens if police don't give Miranda warnings to a suspect?

By , Attorney UC Law San Francisco
Updated by Rebecca Pirius, Attorney Mitchell Hamline School of Law
Updated 11/22/2023

Many people believe that if they are arrested and not "read their rights," they can escape punishment. Not true. But if the police fail to read a suspect their Miranda rights, the prosecutor can't, for most purposes, use anything the suspect says as evidence against the suspect at trial. Of course, as with nearly all legal rules, there are exceptions.

What Are Your Miranda Rights?

The Miranda warning (from the U.S. Supreme Court's Miranda v. Arizona decision) requires that officers let you know of certain rights after your arrest and before questioning you.

An officer who is going to interrogate you must tell you that:

  • You have the right to remain silent.
  • If you do say anything, it can be used against you in a court of law.
  • You have the right to have a lawyer present during any questioning.
  • If you cannot afford a lawyer, one will be appointed for you if you so desire.

Notice that these rights only come into play when two things happen: you've been arrested (meaning you're "in custody" and not free to leave) and police want to question you. In legal jargon, this is called a "custodial interrogation." (We have a whole article devoted to the meaning of custodial interrogation.)

When Is a Miranda Warning Required?

It doesn't matter whether an interrogation occurs in a jail, at the scene of a crime, on a busy downtown street, or in the middle of an open field: If a person is in custody (not free to leave, whether or not handcuffs are involved), the police must read the Miranda rights if they want to ask questions and use the answers as evidence at trial.

Not in Custody; No Miranda Warning Required

If someone isn't in police custody, no Miranda warning is required and anything the person says can be used at trial. Police officers often avoid arresting people—and make it clear to them that they're free to go—precisely so they don't have to give the Miranda warning. Then they can arrest the suspect after getting the incriminating statement they wanted all along.

Do Officers Need to Read Miranda Rights Word for Word?

No. Officers need not convey the Miranda warnings verbatim or use any magic words. Rather, if they communicate the essence of Miranda's requirements, the defendant's statements will probably be admissible in subsequent legal proceedings.

Do You Need to Respond to Police Questioning?

So, if you haven't been arrested, do you have to respond to police questions? Generally, no. You typically don't have to answer even if you are under arrest. A police officer cannot arrest a person simply for failure to respond to questions—however, many states require you to provide information on identification.

Beyond identifying who you are, you can tell the officers you're invoking your right to remain silent and would like to speak to an attorney. Although easier said than done (given it's a police officer), the almost universal advice of defense attorneys is to keep the old mouth tightly shut when being questioned by police. Suspects all too frequently unwittingly reveal information that can later be used as evidence of their guilt. After consulting an attorney, you can make informed decisions on how to proceed and answer police questions.

What Happens If Police Fail to Give a Miranda Warning?

Without a Miranda warning, what the arrestee says in response to custodial questioning can't be used for most purposes as evidence at trial. If the prosecutor tries to introduce the statement at trial to prove the defendant's guilt, the defense can ask the court to stop that from happening using what's called the exclusionary rule. (This rule aims to deter police from questioning a suspect without informing them of their rights.)

But that doesn't mean an un-Mirandized statement is completely off limits in the criminal case. While the prosecution can't use it to prove the crime, the statement can be introduced for other purposes, such as to attack the suspect's credibility. For more detail, see our article on when statements obtained in violation of Miranda can be used against you.

Talk to a Lawyer

The Miranda rule is complex, and no one article can address all its ins and outs. If you've been arrested or charged with a crime, talk to a lawyer for a full explanation of the law, including how it may differ slightly in your state. It's important to ask for a lawyer before answering any police questions or saying anything to police.

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