The Miranda Rights are a result of a 1966 U.S. Supreme Court case, Miranda v. Arizona.

Television and movie police dramas often read Miranda Rights to suspects to make arrests look exciting. As a result of this mainstream media use, many Americans think they have a strong understanding of Miranda Rights. Many people believe that Miranda Rights must be read during every police interaction or arrest. They couldn’t be more wrong.

The police are only required to read a suspect their Miranda Rights if they are conducting an interrogation.  An interrogation can be a line of questioning, or a series of comments to get the suspect to incriminate themselves. It doesn’t matter where the interrogation happens. It can occur in jail, at the scene of the crime, or the middle of a busy street. If the suspect is deprived of their freedom of action, such as being placed in handcuffs, they must be read their Miranda Rights. The determination of what is “custodial” comes down to whether a reasonable person would feel they are free to leave.

Many times, police do not arrest people when they talk to them. They let people know they are free to leave whenever they want during the conversation.  They start a conversation like this to avoid giving the Miranda Warning. However, if they get the suspect to self-incriminate, then will make an arrest.

Custodial interrogation is used to get information from a suspect. However, in the case of a DUI, questioning a drunk driver does not require the reading of Miranda Rights, even though the drive is not free to leave. DUI investigations are an exception to normal Miranda rules.

Gathering the police’s observations and a BAC test does not require a suspect to be Mirandized. However, if a DUI investigation turned to questions about something criminal and unrelated to the DUI, then the suspect would need Miranda Rights read to them.

Many people think if there was a failure by law enforcement to read Miranda Warnings, the case will be dismissed. That is rarely correct. Rather the most common repercussion would be that anything said or obtained as a result of the custodial interrogation would be inadmissible, or it could not be used against the defendant in a trial. While this could lead to a dismissal, a dismissal is not an automatic certainty.

An experienced criminal defense lawyer begins building their case by looking at evidence and the procedures that were used to collect the evidence. If those collection procedures weren’t followed exactly, the evidence could be deemed inadmissible, and the case could be dismissed. Jesse Kalter Law has the knowledge and experience to build a strong defense case. They have obtained countless not-guilty verdicts for DUI and domestic battery and have had other cases completely dismissed without a trial. They are available to serve the people of Reno , Sparks , Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, Hawthorne, and all other Northern NV rural counties.

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