Legal Question in Constitutional Law in Virginia

Re: Miranda Rights

Miranda warnings only apply to interrogation conducted while the defendant is in custody. So if there is no arrest, or no questioning, there is no need for such warnings.

Re: Miranda Rights

Miranda warnings are not required unless the police are going to question you, while in custody, and attempt a later use of the statement. So, if you were not arrested, there was no requirement that you be Mirandized.

Re: Miranda Rights

Many people mistakenly believe that a Miranda violation invalidates an arrest or requires that a charge be dismissed. This is simply not the case. If police fail to give Miranda warnings when they are required to do so, the result is that subsequent statements by the defendant cannot be used against him/her in court. If there is enough independent evidence -- as there often is -- the case can proceed.

The question then becomes whether Miranda warnings were required. The warning must be given to a suspect who has been taken into custody, but this does not been he/she has to be taken to a police station or told that he/she is under arrest. All that is required is for the suspect's freedom of movement to be curtailed to a significant degree. For most practical purposes, this seems to occur when a reasonable person in the same position would realize that he/she was not free to leave.

Brief questioning by police is usually not held to amount to custody for these purposes, so such interviews typically do not trigger the requirement for Miranda warnings.