How Do Police Officers Violate the Miranda Warning

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"You have the right to remain silent. Anything you say can and will be used against you in a court of law."These are very popular lines during a crime scene, particularly in an attempt to make an arrest. But for your information, these are not just some spiels created and delivered by police officers. These are actually the first two statements included in the Miranda Warning. By law, everyone has the right to be read of the Miranda Warning prior to interrogation.

The Miranda Warning

The Miranda Warning traces its origin from a decision in the case Miranda v. Arizona in 1966. Its purpose is to protect a criminal suspect's right to avoid self-incrimination. Unless there is already substantial evidence that crime is committed or if the suspect readily volunteers information, the reading of Miranda warning might be omitted prior or during an arrest.

Also included in the provisions of the Miranda Warning are the rights of the suspect to get a lawyer and to only answer questions upon the lawyer's presence. If the suspect could not afford a lawyer, one will be provided for him or her. These provisions should be explained clearly by the police officer to the suspect. If a police officer fails to read the Miranda Warning and proceeds to interrogation, your lawyer may definitely use this as an advantage for your case.

The use of the Miranda Warning is sometimes cause confusion. A police officer cannot arrest you simply because you fail to answer questions, unless they found probable cause. The police officer can still ask you questions, but you can politely refuse to answer. If ever you feel like answering some of the questions, you may stop anytime you change your mind and just say that you won't answer any further without your lawyer.

Basic questions such as name, address, birthday, and the like are not covered by the Miranda Warning because this applies only to custodial interrogations. You should also keep in mind that an arrest is different from an interrogation.

For DUI cases, the Miranda Warning doesn't stop the police from taking blood and subjecting you to chemical tests. Other tests and investigations may be performed. If probable cause is found, suspects can be arrested. On their way to the police station, the police officer can and should advise the suspect of his or her Miranda rights.