Main Myth:
Many people believe that if the police don’t read them their Miranda rights upon arrest, their case will be dismissed. This belief is mostly shaped by how arrests are portrayed in movies and TV.
The Truth:
In real life, police are not required to read Miranda rights at the time of arrest—only before a custodial interrogation (i.e., when someone is in custody and being questioned with the intent of eliciting a confession). If there is no interrogation, there is no need for a Miranda warning.
Key Points:
- Miranda rights refer to the right to remain silent and the right to an attorney.
- These rights are only required to be read when someone is both in custody and being interrogated.
- If police fail to Mirandize someone in that context, any confession may be suppressed (excluded from evidence).
- Suppressing a confession could potentially weaken the case significantly, but does not automatically dismiss it.
- False confessions are more common than most people realize, which is why Miranda protections matter.
Bottom Line:
Not being read your rights does not automatically invalidate an arrest or case. It only affects the admissibility of post-arrest statements made during custodial interrogation.