IS AN ARREST ILLEGAL IF THE POLICE NEGLECT TO READ THE MIRANDA RIGHTS TO THE SUSPECT?
No. These rights are your protection against self-incrimination only, not against being arrested. The only thing the police need before making an arrest is “probable cause” — a sufficient reason, based on facts and observations, to believe you have committed a crime. Police must recite the Miranda rights only when they are about to interrogate a suspect. If they do not, then a judge might later throw out any statements made, though the arrest may still be valid.
Related Questions
- 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?
- Whenever police arrest someone on television the first thing they do is read them their rights. What are those rights?
- Why is it important for the police to read miranda rights to an individual being arrested?