From watching television or hearing stories, many people are aware of the importance of Miranda rights. These individuals also know that there is a duty of the police to inform a person of these rights before interrogating the individual in custody.
Should a police officer fail to read or educate an individual on their Miranda rights, it is highly likely that any evidence, confessions or statements made at the time are not always allowable for prosecution. However, you may want to know that there are exceptions to this rule.
Possible exceptions for Miranda warnings
Though it is contrary to television productions, police offers are not always required to read a person their rights. These are the exceptions to the rule.
- Questioning an individual as a necessity for public safety
- Asking an individual routine booking questions
- Using a jailhouse informant to talk to an individual for information
- Making a routine traffic stop during a traffic violation
Miranda rights inform a person of their right to remain silent, which is a right you can exercise at any time.
Confusing situations involving Miranda rights
One key aspect of a Miranda requirement is custodial questioning. This questioning occurs when the individual is not free to leave the presence of the officers or room, either because of questioning in connection with a criminal investigation or when under arrest.
If you are sitting in a patrol car, talking on the side of the road at a traffic stop or getting handcuffed, the officers may not read your rights at this time. Being detained is not the same as getting taken into custody.