You’ve probably seen a cop show or two in your day. And from the way things usually go down, you might think that police officer have to read people their Miranda rights if they’re going to question them about a crime. But does that actually happen in real life? What are your rights as a suspect, and can a cop break those rules without consequence? The answer isn’t as straightforward as we would like it to be – as with most things involving the law, there are many exceptions and caveats. Keep reading to learn more about why cops don’t have to read you your rights and other legal grey areas regarding arrest procedures.
Does a Cop Have to Read You Your Rights?
In the state of California, a police officer has to read you your rights when they arrest you. This is because the police officer needs to make sure that you understand what your rights are while they are arresting you. This is because if you do not understand your rights, you may refuse to talk to the police officer about what happened.
When Cops Are Exempt From Having To Read Your Rights?
You’re a minor.
If you’re under the age of 18, a police officer doesn’t have to read you your rights. If you’re 18 or over, though, they do have to read you your rights. If you are under the age of 18 and being arrested by a police officer, you can ask for an attorney right away. If that happens, then the police officer is not required to Mirandize you (or if they do Mirandize you, it won’t be admissible in court).
You’re under arrest by another law enforcement agency.
If another law enforcement agency arrested you – like the police – then they are not required to read your Miranda rights as well. They can just interrogate or question you without reading your Miranda rights.
You’re “in custody” but not in an actual jail cell.
Depending on where exactly a person is being detained (whether in their home or outside), there are different situations where cops don’t have to give them their rights even if they arrest them and put them in handcuffs: 1) You’re “in custody,” but it’s not in a jail cell: For example, if there’s just one cop standing outside of someone’s house (without any other cops inside), he doesn’t have to Mirandize them before questioning them about what happened inside of their house 2) You’re being detained but not arrested: For example, if there’s just one cop standing outside of your house (without any other cops inside), but they’re still wearing handcuffs, then they don’t have to Mirandize you before questioning you about what happened inside of your house 3) You’re being detained but not arrested: For example, if there’s just one cop standing outside of your house (without any other cops inside), and they’re still wearing handcuffs, and the officer has said that he is willing to let you go and will hand you over to another officer. Then the cop doesn’t have to Mirandize you before questioning you about what happened inside of your house
You’re being detained and arrested:
If a cop arrests someone in their home or car and puts them in handcuffs, then the police officer is required to read them their Miranda rights.
You’re being detained and arrested by a federal agent:
If a federal agent arrests someone in their home or car and puts them in handcuffs, then the police officer is required to read them their Miranda rights.
You’re being detained and arrested by a federal agent:
If a federal agent arrests someone in their home or car and puts them in handcuffs, then the police officer is not required to read them their Miranda rights.
You’re being detained and arrested by a federal agent:
If a federal agent arrests someone in their home or car, then the police officer is not required to read them their Miranda rights.
You’re being detained and arrested by an officer from another state:
If a cop from another state arrests someone in their home or car, then the police officer is not required to read them their Miranda rights.
You’re being detained and arrested by an officer from another state:
If a cop from another state arrests someone in their home or car, then the police officer is not required to read them their Miranda rights.
You’re being detained at your friend’s house.
If you’re at your friend’s house (or if your friend’s parents are watching), then you don’t have to be Mirandized before they can interrogate you about what happened while you were there.
You’re under arrest but not in actual custody:
If your friend has just called the cops on you for doing something stupid, like stealing something or smoking weed, then they don’t have to Mirandize you before interrogating you about what happened while they were watching.
You’re under arrest but not in actual custody:
If you’re in the cop’s car, then you don’t have to be Mirandized before they can interrogate you about what happened while they were watching.
What Happens If The Police Don’t Follow Procedure?
1. The police officer does not read you your rights.
If the police officer does not read you your rights, you may lawfully refuse to answer questions or speak to the police. If a police officer does not ask you, “Are you willing to answer all of my questions?”, then he or she must inform you that you have the right to remain silent and that anything you say can be used against you in a court of law. You’re allowed to say “I don’t consent to answer any questions without an attorney present” if the cop doesn’t ask if he or she can talk to your attorney first. If a police officer doesn’t give you this warning, then they are violating your rights and they should be punished for it!
2. The police do not tell the person that they have been arrested.
If a police officer arrests someone without following the procedure, then they may be held liable for violating his/her rights. A person is entitled to know that he/she has been arrested before being questioned by the cops (or before getting into handcuffs).
3. The police do not read them their Miranda Rights (if applicable).
In almost every state in America, when a person is arrested, he/she has the right to remain silent and must be Mirandized by the arresting officers (unless there is an exception in that state’s constitution). This means that even if someone is just being interrogated, he/she is still entitled to remain silent and must be Mirandized. If the police officer does not Mirandize you, then they are violating your rights and they should be punished for it!
4. The police do not ask them if they want to speak with an attorney.
If the police officer does not ask a person if they want to speak with an attorney before questioning him/her, then he or she may have violated his/her right to remain silent. You’re allowed to say “I don’t consent to answer any questions without an attorney present” if the cop doesn’t ask if he or she can talk to your attorney first. If a police officer does not give you this warning, then they are violating your rights and they should be punished for it!
5. The police do not tell them that their rights are being read to them (if applicable).
In almost every state in America, when a person is arrested, he/she has the right to remain silent and must be Mirandized by the arresting officers (unless there is an exception in that state’s constitution). This means that even if someone is just being interrogated, he/she is still entitled to remain silent and must be Mirandized. If the police officer does not Mirandize you, then they are violating your rights and they should be punished for it!
Bottom Line
As you can see, there are many exceptions and caveats to the rule regarding whether or not a cop has to read you your rights. In general, though, you should never trust a cop who doesn’t read you your rights. Cops are trained to get confessions and to elicit information from people – they’re not out to help you. If a cop isn’t reading you your rights, they’re probably hoping that you’ll confess to something without legal representation. If a cop doesn’t read you your rights, you can assume that they’re trying to trick you into confessing.
