Arrest Without Miranda Rights In North Carolina
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FAQ
An attorney is often best positioned to explain their side of the story to the law enforcement officer. You can invoke your rights by saying: “I'm taking the 5th and 6th amendment. I will remain silent until after I speak with my attorney.”
If you've been arrested on the suspicion that you've committed a crime, it's important to understand your Constitutional rights. Whether it's a DWI/DUI, a drug crime, an assault, or any other type of criminal offense, law enforcement is required to read you your Miranda rights pursuant to custodial interrogation.
Whether it's a DWI/DUI, a drug crime, an assault, or any other type of criminal offense, law enforcement is required to read you your Miranda rights pursuant to custodial interrogation. But while most people are familiar with the “right to remain silent,” the Miranda warning is not just what you see on television.
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.
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.
However, law enforcement does not have to read Miranda rights (also known as “Mirandize”) to you before asking any and every question.
Miranda warnings are not required when the suspect is unaware that they are speaking to a law enforcement officer and gives a voluntary statement.
Because a waiver is defined as an “intentional relinquishment or abandonment of a known right,”6 the United States Supreme Court has ruled that Miranda waivers must be both “knowing” and “in- telligent.”7 While this is a fundamental rule, for various reasons it continues to be a frequent source of litigation.
