Arrest Without Miranda Rights In Cook
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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.
Miranda is required when someone is in custody, and is going to be asked incriminating questions. You can be in handcuffs and still not be in custody. You can be arrested, which counts as being in custody, but never read your rights because you aren't being interrogated.
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.
Victims of unlawful detention can seek various remedies, including filing complaints against the involved officers or law enforcement agency, motions to exclude evidence obtained during the detention, and federal or state lawsuits for injunctions or monetary damages.
In such cases, a skilled defense lawyer can challenge the admissibility of those statements in court, which is why it is important to understand and exercise your Miranda rights. If the court finds that you did not comprehend the rights, any statements obtained by law enforcement may be inadmissible.
Most Americans do not have a complete understanding of their Miranda rights. In fact, only about 3% are aware of their continuing legal rights. Even those who are able to recall the Miranda warning show misconceptions about its meaning.
