


Sometimes being questioned in a police car is considered a custodial interrogation, but sometimes it isn’t. You almost certainly aren’t in a custodial interrogation situation while you are being tested to see if you are under the influence of alcohol at the scene of the stop.

#Never read miranda rights free
For instance, you are not free to leave during an ordinary traffic stop, but traffic stops do not trigger the Miranda warning. The basic question is “how would a reasonable man in a suspect’s position understand the situation?” Translated: “how would a reasonable person feel in this situation, would they feel free to leave? Would they feel like they had to answer the officer’s questions?” For example, if you are formally placed under arrest, you are in custodyīut, there are also many instances where you would think you might be in custody, but you aren’t. Or, in other words, “n officer’s obligation to administer Miranda warnings attaches, however, ‘only where there has been such a restriction on a person’s freedom as to render him ‘in custody.’” Determining whether or not you are in a custody, at least to the point of whether or not the cops would need to read your Miranda rights, is determined based on all of the circumstances surrounding the situation. The truth is, law enforcement officers are only obligated to read you your Miranda rights if you are in what is called a custodial interrogation. Oftentimes, individuals believe that they have to be read their rights whenever they are being investigated for a crime. But, when do law enforcement officers actually have to inform you of these rights? When in doubt, if you feel that you are in police custody and are being questioned, invoking your right to counsel will assist in ensuring that you are not making incriminating statements, even if you haven’t done anything wrong. Of course, sometimes officers don’t read you your Miranda rights, or they misstate them. You likely know in some circumstances, officers have an obligation to read you your rights, and if they don’t, they aren’t supposed to be able to use any statements you’ve made against you. Your Miranda rights are meant to protect you against involuntary admissions when you are in police custody. That is because almost all of you have heard what is commonly referred to as your Miranda rights. “They never read me my rights” is a common statement that I hear from potential clients, and for good reason.
