A closer look at Miranda Warnings and Interrogation.
Upon arrest the majority of individuals expect to have their “Rights” read to them (Miranda Warning). Contrary to belief, law enforcement officers are never required to administer Miranda Warnings. The failure to administer Miranda Warnings will not necessarily result in the dismissal of a criminal case.
A law enforcement officer is required to administer Miranda Warnings only if there will be a custodial interrogation. You are “in custody” when you are no longer free to leave. Whether you are in custody may be inferred by actions or by the words of the officer.
Volunteered information is generally not the result of an interrogation. If a law enforcement officer conducts a custodial interrogation without first giving Miranda Warnings, any statements you make during an interrogation may be inadmissible in court. Additionally, any evidence derived from statements taken in such a context would also be inadmissible. This is called the “fruit of the poisonous tree” meaning the later discovered evidence was derived from illegally obtained statements.
If a law enforcement officer wishes to question you, you do not have to answer, remember you have the right to REMAIN SILENT. You can demand to have your attorney present before any questioning occurs. In fact, unless you are placed in custody, you are free to leave. You should ask the officer if you are free to leave before just leaving, to avoid other possible charges. Once you are placed in custody, any interrogation may only occur after Miranda warnings are read.
Remember… anything you say can and will be used against you!!!