If a police officer arrests a suspect and does not read him or her the Miranda rights, is it true that the person must be released?
No. Miranda rights are required only when the police intend to question a suspect after arrest. Miranda rights do not apply before arrest. There are many circumstances in which the police do not question a person after arrest, and so the Miranda rights do not apply in these circumstances. Even in situations in which the police question a suspect after arrest but have failed to read that person his or her rights, it simply means that the suspect’s statement cannot be used. The defendant can still be prosecuted, but the state is prevented from using the statement he or she gave.
