Do Police Have to Read Your Miranda Rights to You When You’re Arrested?

In 2023, Tennessee law enforcement reported over 20,000 physical arrests, marking a 23% increase from the previous year. While many of us assume we will never have to experience the frightening experience of being arrested, trends in arrest data suggest that a growing number of Tennesseans may find themselves facing increased scrutiny from law enforcement in the coming years. One of the best things Tennesseans can do to prepare for potential encounters with law enforcement is to educate themselves on the rights afforded to them under state and federal law.

While most people are familiar with the phrase, “You have the right to remain silent…”, many Americans fail to fully grasp the real-world significance of the Miranda rights frequently featured in films and television shows. Whether you’ve already been the subject of a physical arrest or simply want to proactively learn about your Miranda rights, read on for an overview of what law enforcement officers are (and are not) permitted to do during an arrest in Tennessee – and how a criminal defense lawyer can help prevent your rights from being violated.

What are Miranda rights?

Miranda rights are a set of constitutional warnings that police are required to give under certain circumstances. The term “Miranda rights” stems from the 1966 U.S. Supreme Court case, Miranda v. Arizona, which ruled that suspects in custody must be informed of their rights before being interrogated.

The standard Miranda warning goes a little bit like this:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.”

These rights are designed to protect your Fifth Amendment right against self-incrimination and your Sixth Amendment right to legal counsel. The Miranda warning is intended to serve as a reminder of an accused person’s rights so they do not inadvertently incriminate themselves or fail to take advantage of all the rights afforded to them under the U.S. Constitution.

When do the police have to read you your Miranda Rights?

Contrary to popular belief (and just about every procedural crime drama ever), the police are not required to read you your Miranda rights the moment you’re arrested. Instead, Miranda rights are only required to be read when two specific conditions are met:

1. You are in custody, and
2. You are being interrogated

Since interrogations typically do not occur during a physical arrest, the police aren’t technically obligated to read you your rights unless they begin to question you at the scene or during transport.

Routine booking questions about your name or address, for example, generally aren’t considered part of a formal interrogation, so police can typically ask these questions without Mirandizing you first. In fact, for drivers, refusing to identify yourself upon the request of law enforcement can result in additional legal consequences. It is generally in your best interest to provide this information – even if you’ve not had your rights read to you yet (passengers or pedestrians may only be required to identify themselves under specific circumstances).

How do I know if I am in custody?

Sometimes, it can be hard for individuals to know whether or not they are actually “in police custody.” The police may not always be keen on clarifying this for people, which can further complicate these determinations. Generally speaking, however, you will know you’re formally in police custody if the police will not permit you to leave the scene.

If you are detained or arrested or otherwise barred from simply walking away from the police, you should consider yourself in custody and refrain from answering any questions beyond the basic booking questions discussed above. If the police will not allow you to leave the scene and attempt to ask you any additional questions, you are well within your rights to remain silent and ask for a lawyer.

What if the police don’t read you your Miranda rights?

If law enforcement questions you while you’re in custody and they haven’t read you your Miranda rights, your statements may be deemed inadmissible in court. This is because of a legal concept known as the “exclusionary rule” which dictates that the government cannot use any evidence against a defendant if that evidence was gathered in violation of their Constitutional rights.

Because the United States Supreme Court has established that Americans must be read their rights prior to being interrogated, any law enforcement officer who takes a suspect’s statement without properly Mirandizing them first would be viewed as gathering evidence in violation of the suspect’s rights. You will sometimes hear this kind of illegally obtained evidence referred to as “fruit of the poisonous tree.” Any such “fruit” illegally obtained will not be admissible in court and can significantly weaken the prosecution’s case against a defendant.

However, there are a few important things to keep in mind:

First, not having been Mirandized doesn’t automatically mean your case will be dismissed. As long as there is enough legally-obtained evidence to build the case against you, the prosecution will likely choose to move forward with your charges.

Additionally, it’s important to understand that the exclusionary rule only applies to statements made during or after custodial interrogation. This means if you voluntarily give a statement to police before you’re officially taken into custody or without being formally interrogated, any information you provide may be admissible in court.

That’s why it is always best to remain silent during interactions with law enforcement. Even if you feel you have done nothing wrong or have nothing to hide, the police mean it when they say that anything you say can and will be used against you. Less is more when speaking to police. If you’re being detained, keep quiet until you have the opportunity to speak with your lawyer. An experienced criminal defense lawyer can help you avoid accidentally incriminating yourself and fight back if law enforcement violates your rights.

What to do if you were arrested without being read your Miranda rights

If you were detained and interrogated without having your rights read to you by law enforcement, it is vital that you take steps to hold law enforcement accountable for their actions while fighting to keep any inadmissible evidence off the record during your case.

By now, you’ve probably gathered that the best thing you can possibly do during and after an arrest is exercise your right to remain silent. Regardless of whether or not an arresting officer properly Mirandizes you, asserting your Fifth Amendment right against self-incrimination can help you protect yourself against unintended legal consequences. During an arrest, clearly state that you are invoking your right to remain silent and that you want an attorney. And then do what you said you would do: Stay quiet, stay respectful and contact your lawyer as soon as possible.

An experienced attorney from Waynick Law, PLLC can be your legal warrior. They can handle the heavy legal lifting for you while fighting to safeguard your rights throughout every step of the legal process. Your criminal defense attorney can also help you evaluate whether your rights were properly respected during your arrest and take steps to have evidence thrown out if they determine it was obtained illegally. 

If you think your Miranda rights were ignored or violated during an arrest in Tennessee, the team at Waynick Law, PLLC is here to fight for you. Give us a call today for a consultation with a member of our team. We will gather information about your arrest, evaluate whether your rights were violated and clue you in on the most appropriate next steps in your case so you can move forward with confidence.