Legal Question in Criminal Law in Indiana
whenever you are arrested do you have to be read your rights
Asked on 6/09/10, 9:33 am
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
No. If the police fail to read you your rights while you are in custody (which is not the same thing as under arrest) and then question you, any answers you give will be inadmissible against you in court. So will evidence the authorities find because of those answers unless they can prove they would have found it anyway. But those are the only consequences of a failure to read the Miranda warnings.
If the suspect was arrested, the lack of warning will not invalidate the arrest. And if there is evidence against the suspect which was not obtained as a result of improper questioning (which there usually is), that evidence can still be used against him.
Answered on 6/09/10, 1:36 pm
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