Probable cause and your Miranda Rights
What is Probable Cause?
If a person is being arrested, the police must have probable cause. This means they must have a good reason to arrest someone based on facts and events that led them to believe that a specific person committing a crime.
What are Miranda Rights?
The Miranda Rights originated from the 5th Amendment of the United States Constitution protecting against the abuse of government authority in a legal procedure.
If a person is being taken into police custody and questioned about a crime, a police officer is required to read the Miranda rights. The Miranda rights are to protect you from incriminating yourself; they let you know you have the right to an attorney, and that one can be appointed to you if you can not afford one.
The Miranda Rights say ‘You have the right to remain silent. If you give up the right to remain silent, anything you do or say can be used against you in a court of law. You have the right to an attorney. If you need an attorney and can not afford one, an attorney will be assigned to you. Do you understand these rights?’
What if a police officer does not read me the Miranda Rights before questioning me about a crime?
Anything you say to a police officer that can incriminate you is considered involuntary information until the officer reads you the Miranda Rights. This means that anything that you say cannot be held against you, to prove your guilt, until your Miranda Rights have been read to you.
When does a police officer not have to read you the Miranda Rights?
A police officer does not have to read the Miranda Rights to you if you are not being taken into police custody. They sometimes will ask you to answer questions voluntarily like your name and address in order to identify you. An officer can also ask you to take a drug or alcohol test without reading your Miranda Rights.
What happens if I admit a crime to a police officer before my rights are read?
Anything you say concerning a crime before the Miranda Rights are read is considered involuntary. It can not be used against you in a court of law. This includes a confession or any potential evidence against you.
Can I be arrested without being read the Miranda Rights first?
Yes. The Miranda Rights only protect you from incriminating yourself. If the police have probable cause that you committed a crime then you can be arrested. However, the police have to read the Miranda Rights before questioning a suspect concerning a crime.
