The police are only required to give you your Miranda rights or tell you that you have the right to remain silent if they are placing you in their custody (in other words you are not free to leave) AND they wish to take a statement from you. If the police are just arresting you but do not want a statement or your side of the story then they are not required to read you your Miranda rights. If the police place you in handcuffs and then ask “what happened?” without reading you your rights, anything you say should get suppressed or thrown out and that statement cannot be used against you later in court.
Leave A Comment