Are police required to read your Miranda warnings?

Arrests are stressful time causing you to say things the may or may not be true, making the situation much worse. If you are in custody with the police, and they begin their interrogation, are they required to read you your Miranda rights? Should you speak and what should you say?

No! You should not provide information to the police and they are not required to read you your Miranda warnings with every encounter they have. In fact, your Miranda warnings don’t come into play unless you are under what is called “custodial interrogation”. This means you have to be in the custody of the police. To be in the custody, you have to be in the position to feel that you are not free to walk away or leave the situation.

The second requirement that is needed for Miranda rights would be in play is if they are actually interrogating you. Interrogation could include just asking questions about the situation. They may be asking to gain information, looking for your knowledge, what you know, just general facts. Whether or not you are in interrogation may or may not matter. If you feel that you are in a situation where you are free to leave and you are voluntarily providing information to the police, Miranda rights are not invoked and protections do not come into play. However, situations such as this can change in times where you are asked to provide information to the police.

If you are asked to speak to the police, what you need to look at is the situation surrounding the request. At any time during an arrest, you have the constitutional right to tell the officers you would not like to speak them and that you need to speak to an attorney before answering any questions they have.