The fact that the police failed to read a suspect his or her Miranda rights does not necessarily mean that the case will be dismissed. Miranda warnings only apply if two things are true:
(1) the person was under arrest or otherwise seized by the police;
(2) the person made a statement in response to questioning by the police.
Unless both of these two factors are present, it is probably irrelevant that the police did not read Miranda. Even if both of these things did happen, however, the remedy is that any statement that might have been made as the result of the custodial interrogation must be suppressed. If the police can prove their case by other evidence, the case will not necessarily be dismissed.
- Posted in FAQ Categories:
- Criminal Defense