Do You Have Miranda Rights if You are Not Under Arrest?

“You have the right to remain silent.” We’ve all heard that phrase in movies and TV shows for years. This phrase is the beginning of your Miranda rights, which are legally supposed to be read to you when you are placed under arrest. Despite those rights, law enforcement officials are often trying to find ways to pressure you into making incriminating statements.

The issue of whether police officers have to tell you your Miranda rights depends on if you were properly placed “under arrest.” If you were only detained for investigation and not truly placed under arrest, it is not required that you be read your Miranda rights.

All of this turns on the crucial question: are you free to leave? If you are not free to leave, you have been seized and are considered under arrest. Countless previous cases have set precedent on what it means to be free to leave, but it was brought up again in a recent case.

How Long Do Miranda Rights Last?

The case involved a man who was suspected of murder. Five plain-clothes detectives met with the suspect and took him to a police station. He was not placed under arrest, never handcuffed and was allowed to sit in the front seat of the vehicle. Officers simply stated that they wanted to talk to him “about a problem.”

Upon arriving to the station, officers began questioning the suspect, and then administered a polygraph test. They told the suspect he failed the test and accused him of lying. Officers moved the questioning into an interview room where two detectives blocked the only exit. He confessed after hours of questioning. He was finally advised of his Miranda rights, and questioning continued.

Four days later, detectives questioned him again at the courthouse. This time, they referenced his Miranda rights, but did not read them to him. The suspect again confessed. He was convicted of second degree murder.

Are You Free to Leave Custody?

On appeal, the man argued that his pre-Miranda statements were coerced, and thus all of his statements following the advisement of his Miranda rights should have been excluded from evidence. The court ruled that the man was not in custody when the investigation began, but that a reasonable person would believe he was not free to leave (and therefore in custody) after detectives accused him of lying.

The court also found that because the initial incriminating statements were coerced by police, the statements that came after the man was advised of his Miranda rights were also invalid. Because he never was properly advised of his Miranda Rights, the next confession the suspect gave was also invalid, as the officer only referenced his rights. The court ordered the lower courts to grant the motion to suppress his incriminating statements.

In summary, many factors must be considered when determining if a person is “in custody” or “under arrest.” An officer simply telling you that you are free to leave doesn’t necessarily relieve the officer of the need to advise you of your Miranda rights. The entire situation needs to be looked at as a whole, and it is based on whether a reasonable person would feel that they were free to leave.

Call the Criminal Defense Attorneys at Wallin & Klarich

If you are being investigated for a crime, it is critical that you have an experienced criminal defense attorney helping you. Your attorney can guide you through the criminal process and ensure that none of your rights are violated. If you do not have a criminal lawyer fighting for you, you may fall victim to police investigators’ illegal questioning.

At Wallin & Klarich, our skilled criminal defense attorneys have over 40 years of experience successfully defending our clients accused of committing crimes. With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.