Arrest Without Miranda Rights In Santa Clara
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FAQ
Miranda warnings are not required when the suspect is unaware that they are speaking to a law enforcement officer and gives a voluntary statement.
However, law enforcement does not have to read Miranda rights (also known as “Mirandize”) to you before asking any and every question.
Your “Miranda” rights are: You have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to have a lawyer present during any questioning.
Miranda rights typically do not apply during a stop and frisk, since these stops and searches are usually conducted before performing an arrest.
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.
