Police are not required to read the Miranda warning to you at the time of arrest. The failure of police to read the warning does not make the arrest illegal. An arrest is valid as long as police have probable cause to believe you committed a crime. Police are required to read the Miranda warning prior to questioning when a person is in custody. The Miranda warning is required, for example, when you are arrested and brought to police headquarters for questioning. A person is not in custody when they are temporarily detained at a crime scene and questioned by the police as a part of a preliminary investigation. If you were in custody and the police failed to read you the Miranda warning prior to questioning, the confession may be held inadmissible in court.
If your Miranda rights were violated, you will need an experienced criminal defense attorney to file a motion to suppress the use of your confession at trial. Contact Robert J. Shane, Esq. for a free phone consultation at (612) 339-1024 or visit his website at http://www.criminallawyerminnesota.com.
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