Arrest Without Miranda Rights In Queens
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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.
However, law enforcement does not have to read Miranda rights (also known as “Mirandize”) to you before asking any and every question.
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.
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.
