Legal Question in Constitutional Law in Washington

Dear Attorney:

Good day to you and thank you for helping me understand something about the law. I was arrested without having my Constitutional right of Miranda on a warrant. Did the arresting officer have a choice whether or not to read me my Miranda rights?


Asked on 9/25/09, 6:53 am

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

I am sorry to hear you've been arrested. Not a fun experience I am sure. As to your constitutional rights. Arizona v. Miranda sets out the rules that an officer must follow if he/she is going to interrogate you. So, if the officer isn't going to interrogate you he/she doesn't need to read you your Miranda rights. Any statements you made absent those warnings will likely be suppressed by the Judge (if your attorney makes proper motion and argument).

At your service,

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Answered on 9/30/09, 11:15 am


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