Most people know what their Miranda rights are. “You have the right to remain silent; Anything you say can and will be used against you…” you get the picture. You’ve probably heard it a million times on tv cop shows and in movies. But did you know that there’s an exception to the Miranda rights? An instance where police officers can legally arrest you without reading you your rights? Sounds preposterous, but it’s true!
Miranda rights should be read to every suspect in custody!
Under normal circumstances, a police officer must read a suspect their Miranda rights if they are in custody and are going to be subjected to interrogation. If an officer doesn’t inform a suspect of their Miranda rights, then any confessions or admissions made in the subsequent interrogation may be inadmissible in court. This means that if an officer forgets to provide a Miranda warning, they could screw up an entire case! A sharp criminal defense attorney will ask the court to suppress the confession evidence. However, there are a couple of exceptions to this Mirianda rule…
There are some exceptions to the Miranda rule.
Technically, there are three situations where an officer can question someone without needing to read them their Miranda rights.They are as follows:
Routine, non-incriminating questions: This is where an officer is asking basic questions, like your name and address, your date of birth and your profession. These questions are considered non-incriminating, and so an officer can ask them without having to Mirandize a suspect first.
The jailhouse snitch exception: This exception is where an officer would use a jailhouse “snitch” to ask a jailed suspect questions in their stead. The information is being gathered by the police, because the snitch would be reporting back to the police whatever information they gather. However, because the snitch is not an officer, the person being “questioned” doesn’t need to be Mirandized first. Well, not exactly and not always. So here’s an exception to the exception. If the snitch is acting on behalf of the police, he is said to be an agent of the police. If the police send a snitch to gather evidence or a confession, that’s likely to cause the defense lawyer to file a suppression motion too.
The public safety exception: This is the most common exception to the Miranda rule. This exception refers to a situation where there’s an imminent danger to the public that an officer is responding to. For example, if a possible terrorist is arrested and a bomb is believed to be hidden in a public place and scheduled to go off soon, an officer can question the suspect immediately in an effort to save lives. Because the information they’re trying to get is critical and time-sensitive, and lives are at stake, the officer has some leeway.
Have your Miranda rights been violated by an officer in Michigan?
It’s important that you realize that there may be situation where you could be arrested and not have your rights read to you. However, those situations are very specific. So pay attention during any interactions with the police!
If your Miranda rights, or those of a loved one, have been violated because an arresting officer failed to read you your rights, you’re going to need help from an experienced criminal defense attorney immediately! Call The Kronzek Firm today at 866 766 5245, to discuss your situation. We have spent decades defending the rights of Michigan residents, and we can fight for yours too!