Arrest Without Miranda Rights In King
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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.
Miranda rights typically do not apply during a stop and frisk, since these stops and searches are usually conducted before performing an 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.
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.
However, law enforcement does not have to read Miranda rights (also known as “Mirandize”) to you before asking any and every question.