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Arrest Without Miranda Rights In Wayne
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State:
Multi-State
County:
Wayne
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.
Miranda warnings are not required when the suspect is unaware that they are speaking to a law enforcement officer and gives a voluntary statement.
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.
Reading someone's Miranda rights while in custody is required if they hope to use the suspect's answers as evidence at trial. Custody doesn't necessarily mean jail. Custody means when a person's liberty is substantially impaired.
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.