When you’re placed under arrest, your adrenaline is pumping and you aren’t thinking clearly. It’s easy to disregard what the officer is saying when they read you your rights. The best thing to do is to always exercise your right to remain silent—and hire an experienced defense attorney as soon as possible. But what if you do make a statement? That’s when you’re left wondering what happens if an officer didn’t read your Miranda rights.
What is a Miranda warning?
A Miranda warning is the verbal listing of your rights that the arresting officer will often give you when you’re placed under arrest. While they do not have to do this at the time of the arrest, they often do so in order to ensure that anything you say during the transportation is admissible. Miranda warnings typically go something like this:
“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?”
Keep in mind that officers don’t have to use this exact language. The biggest focus is ensuring the officer notifies you of your right to remain silent and right to an attorney.
Some counties will have you sign a Miranda form. This is not required and not universally implemented. Refusing to sign the form will not affect the admissibility of your statements. In other words, your statements to officers can still be used in court even if you did not sign a Miranda form, as long as you were read your rights.
Why is it called a Miranda warning?
In the case Miranda v. Arizona, the defendant was interrogated multiple times and confessed to the crimes he was accused of. However, he was not notified of his Fifth Amendment rights. The court determined that a defendant’s statements cannot be used against them, unless the prosecution demonstrates that the defendant was notified of their Fifth Amendment rights and chose to waive them.
When does an officer have to give a Miranda warning?
According to the Supreme Court, an officer only has to read you your Miranda rights when you are in custody, prior to interrogation. Many officers will read them at the time of arrest, to ensure that anything you say after you are arrested is admissible.
Often, officers will read you your Miranda rights a second time immediately before an interrogation. This is to ensure that you have heard and truly understand those rights prior to making any statements of significance.
On the other hand, according to the Oklahoma Department of Human Services (DHS), an officer does not have to give you a Miranda warning if you are “not in custody or otherwise significantly deprived of freedom of movement.” If you’ve simply been called down to the station to “answer a few questions” and the officer informs you that you’re free to go at any time, you probably won’t be read your Miranda rights.
What if the officer didn’t read my Miranda rights?
If an officer fails to read you your constitutional rights prior to arrest or interrogation, anything you say after the arrest or during the interrogation may be kept out of your trial. For example, if you have not been read your Miranda rights and make incriminating statements in the car ride on the way to jail, those statements will not be admissible.
There is a common misconception that your case will be dismissed if your Miranda rights weren’t read. That is incorrect. The lack of a Miranda warning simply prevents the State from using any statements you made against you during a jury trial. This does not prevent the State from moving forward with the case and admitting other forms of evidence.
For example, if you tell an officer that you hid a stolen gun in a shed and provide the location, he can still go to the shed and find the evidence, even if he didn’t read you your Miranda rights. He can also tell the prosecutor how he found this evidence. The only difference is that the prosecutor cannot tell a jury that you made that statement.
What is considered an interrogation?
When an officer fails to read you your Miranda rights and you make an incriminating statement, the court then must determine if you were being interrogated, and therefore had to be Mirandized. This is why many officers read your Miranda rights at the time of arrest. This ensures that anything you say at any point can be admitted, and there is no risk of forgetting to Mirandize you before they ask you questions.
What is considered a statement?
Anything you say is considered a statement as outlined in Miranda. For example, you are pulled over for a DUI and say, “I shouldn’t have had that last beer,” that is clearly a statement under Miranda; it wouldn’t be admissible in court unless the law enforcement officer had already read your Miranda rights to you.
However, if the officer observes certain body movements that indicate intoxication—such as swaying from left to right or slurring your speech—that is not considered a statement, and therefore is admissible even if the officer has not read you your Miranda rights. The general rule of thumb is that anything that goes between “quotes” is considered a statement as per Miranda.
How do I waive my Miranda rights?
If an officer reads your Miranda rights to you, and you still talk to the officer, you are presumed to have waived your Miranda rights. Some counties with a Miranda form will also have you sign to indicate you are waiving these rights.
How do I assert my Miranda rights?
The best way to assert your Miranda rights is to verbally say so. Say “I assert my right to remain silent, I do not want to speak with you, and I want an attorney.” Your assertion MUST be unequivocal. You can choose to simply not say anything at all and sit silently, but the best method is to verbally and clearly assert your rights.
What if I make a confession to an undercover cop?
While this issue is not clearly settled in the law, Miranda warnings are meant to prevent coercion between a law enforcement officer and an individual who is under arrest or in some form of custody. If you make statements to an individual who you do not realize is a police officer, your Miranda rights don’t apply and your statements will be admissible.
New Supreme Court case limits the necessity of a Miranda warning
In April 2022, the Supreme Court heard arguments on Vega v. Tekoh. In the case, Terence Tekoh worked as a hospital transporter and was accused of sexual assault. Deputy Vega from the LA sheriff’s department went to the hospital to take Tekoh’s statement. Prior to taking this statement, the sheriff did not read Tekoh his Miranda rights. Tekoh later sued Deputy Vega in civil court for violating his constitutional rights.
On June 23, 2022, the Supreme Court found that failing to read an individual their Miranda rights prior to an interrogation does not provide a basis for a civil suit. This ruling does not affect previously established constitutional rights, and the admissibility of incriminating statements during a jury trial. However, it does prevent you from bringing a lawsuit against an officer who violates your civil liberties by failing to read you Miranda.
Previously, law enforcement officers could be held accountable for violating constitutional rights by civil lawsuits. This could prevent them from using the strategic tactic of not reading your Miranda rights and hoping you provided them with beneficial information. Now, law enforcement officers may choose to refrain from reading your Miranda rights and take the risk that they cannot admit your statements, because you may provide them with information that would help them build a case against you.
The bottom line
Miranda warnings are read to you by a law enforcement officer either at the time of arrest or prior to questioning. These warnings advise you of your constitutional rights, specifically the Fifth Amendment (the rights to remain silent and hire an attorney).
If an officer fails to read you these rights, that doesn’t mean your case will be dismissed. Instead, it means any statements you make in the officer’s custody are inadmissible in your case. If you’ve made statements to the police after being detained or arrested, you should speak with an attorney about what happens next. Contact the Khalaf Law Firm for a free case evaluation to see if your rights have been violated.