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I was arrested and never given my Miranda warnings. Is that legal?

I was arrested and never given my Miranda warnings. Is that legal?

YES. The law does not require that police officers give a defendant Miranda warning upon arrest. The only time that the warnings must be given is prior to a custodial interrogation. There has been much debate and litigation had over the meaning of the words “custodial” and “interrogation.” There is no clear definition but in the simplest terms you are in custody if you are not free to leave and you are being interrogated if the question asked of you is intended to elicit an incriminating response. In other words, if the police should reasonably expect that the answer to the question they are asking you will lead to evidence of your guilt, you should be read your Miranda warnings first.

2 Comments on I was arrested and never given my Miranda warnings. Is that legal?

  1. We get this question a lot. I guess it’s because on television the detectives always Mirandize folks as they’re being arrested. In the real world, the police are never so polite, and, unfortunately, they don’t have to be. It just goes to show you, you need to be aware of your rights.

  2. Anonymous // at 12:21 pm // Reply

    ok,what if htye were hollering and hollering at you,taking turns to wear u down and u just said screw it,cause u got tired of the yelling u were getting and didnt think about needing to get a lawyer cause they told u at the begining it would be just a few minutes and u could leave?was arrested after i told them what they wanted to hear just to stop the endless assault to me…went in front of the magistrate,headed to county jail.i was told of miranda rights 5 minutes b4 geting to the jail!i got a lawyer but he was not doing the job he was paid to do and he was caught doing illegal activites during that time he was to be defending me!i didnt do this crime and this was a coersed confession…

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