What if the police arrest me and don’t read my Miranda rights ? Can the case be thrown out of court?
No. The police don’t have to advise you of your Miranda rights unless you are not free to leave, they suspect you of committing a crime AND they question you. The police do not always have to advise you of your Miranda rights just because you have been arrested. They may have all the evidence they feel they need, and so they don't question you. If that is the case, they don't have to advise you of your Miranda rights.
(Reviewed 12-08) |