Legal Question in Criminal Law in Wisconsin

Search and Seizure Procedure--Miranda Rights During Search Warrant Execution, 5th Amendment Constitutional Rights

Miranda rights, i.e., requiring officers to tell suspects in custody that the suspect can end an interrogation and obtain a lawyer, only apply in certain circumstances, i.e., when the government wants to use a custodial statement against a defendant. If the government does not opt to use such statements against the defendant, Miranda rights never come into play. Contrary to popular believe, there is never a requirement that "rights" be read--rather only when authorities want to use the fruits of a custodial interrogation against that person. If you did not tell them anything incriminating which they subsequently seek to use against you, you never had any "Miranda Right." The same applies if you were not in custody. If you did make incriminating statements and your rights were not read to you, there are still scenarios where the government can continue to use the statements against someone--known as exceptions to the Miranda rule. The "exceptions" are, in fact, gradually swallowing up the rule. You therefore need an experienced criminal lawyer to represent you and analyze the situation.