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Arrest Without Miranda Rights In Phoenix
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State:
Multi-State
City:
Phoenix
Control #:
US-000280
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FAQ
Do I Have to Be Read My Miranda Rights When Handcuffed? The question of whether Miranda rights must be read upon arrest is a nuanced one. In essence, the obligation to recite Miranda rights isn't a prerequisite for all arrests, contrary to portrayals in popular media.
Yes. Usually at the end of a Miranda warning, an officer asks the person if they understand their rights and, if so, are still willing to answer questions. If the person answers yes to both, they've expressly waived (given up) their Miranda rights. Implied waivers are also valid.
However, law enforcement does not have to read Miranda rights (also known as “Mirandize”) to you before asking any and every question.
Arizona. "Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed."
If you are not read a required Miranda warning, we can file a “motion to suppress evidence.” If the judge grants it, any incriminating statements you made after the warning should have been given will be inadmissible.
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.