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Arrest Without Miranda Rights In Collin
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State:
Multi-State
County:
Collin
Control #:
US-000280
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FAQ
No, you cannot sue for no Miranda warning. You don't have a right to a Miranda warning. If you did, then maybe you might have a Sec. 1983 claim for no advisement. Instead, your remedy for no Miranda warning is suppression of incriminating statements made while you were under arrest.
Miranda warnings are not required when the suspect is unaware that they are speaking to a law enforcement officer and gives a voluntary statement.
However, law enforcement does not have to read Miranda rights (also known as “Mirandize”) to you before asking any and every question.
Quarles, 467 U.S. 649 (1984), that there is also a "public safety" exception to the requirement that Miranda warnings be given before questioning; for example, if the defendant is in possession of information regarding the location of an unattended gun or there are other similar exigent circumstances that require ...
Nonetheless, there are two exceptions to the required Miranda warnings for an in-custody suspect. The first is called the “rescue doctrine” exception and the second is called the “public safety” exception.
So we know the general rule; Miranda warnings have to be given any time we have Cops + Custody + Interrogation.