Legal Question in Constitutional Law in Tennessee
miranda rights
when someone is arrested is there anything they can do if the law enforcement did not read you you rights. If they take you into custody with out saying anything to you. w\b
thanks
2 Answers from Attorneys
Re: miranda rights
Mr. Aspinwall's answer is correct as far as it goes, but I want to add another point. Even if the police do question you in violation of Miranda, the only consequence is that they cannot use your answers (or any evidence they obtain as a result of your answers) against you in court. The violation does not invalidate your arrest, and if there is enough other evidence of your guilt you can still be tried and convicted.
Re: miranda rights
Law enforcement is not required to advise you of your Constitutional Rights [Miranda warnings] unless they intend to question you. If they ask you nothing and say nothing, then no advice is required. Only if you are in custodial [under arrest] interrogation does the law mandate that the interrogator advise you of your Miranda rights.