Legal Question in Criminal Law in California

The reading of Miranda rights is one of the most confused aspects of criminal procedure that is posted on the Lawguru forum. I think the misconceptions that lay people have come from a lot of television and movies.

Police do not have to give you a Miranda warning prior to, or while arresting you. The law only requires a Miranda warning before what is known as custodial interrogation. If law enforcement has an arrest warrant, or have witnessed a person commit a crime they can simply arrest you, and the warnings are not required. As one commentator has said, failure to give the Miranda warning does not invalidate an arrest. Many people speak freely to police and detectives, thinking that they can talk themselves out of an arrest. Lawyers urge their clients not to do so, because talking to the police just makes things worse.

Once a person has been arrested, however, the Miranda warnings must be given before the police can interrogate or ask questions.

TV has mislead lots of people to think that once the cuffs go on, you must be read your rights or the arrest is invalid. Not so.

Only if you are in custody (formally arrested) and being questioned do they need to read you your rights. Any Miranda violation only impacts the admissibility of the statement, but won't automatically invalidate the entire arrest or case.

The will read you miranda warnings if they plan to interrogate you.