Texas-Book-Gun Law Armed And Educated - Flipbook - Page 40
B. Do the police have to read the Miranda Rights warning after
every arrest?
No! The Miranda Rights warning is not required simply because
a person is placed into handcuffs and charged with a crime. This
warning is only required when the police: 1) place a person in
custody; and 2) wish to interrogate that person.
Whether or not someone is in “custody” for the purposes of Miranda
Rights is determined by analyzing the facts and circumstances to
determine if his or her freedom of action has been deprived in a
significant way. Generally, an arrest will equate to “custody.”
However, there are some circumstances in which a person has not
been arrested, but is in “custody” for the purposes of the Miranda
Rights warning. If the police do not wish to interrogate the person in
custody, there is no need for a Miranda Rights warning. However,
if the police wish to ask questions of the individual in custody to
further their own investigation or to obtain a confession, they must
administer this warning.
MIRANDA v. ARIZONA, 384 U.S. 436 (1966)
THE FACTS
The decision of Miranda v. Arizona actually addressed four different
cases. In each case, the criminal suspect was questioned by law
enforcement for many hours, isolated in an interrogation room with
no outside communication, and ultimately each suspect gave a
confession to law enforcement. None of the four defendants were
advised of their Fifth Amendment rights during the interrogation
process.
THE LEGAL HOLDING
The Court held that “there can be no doubt that the Fifth
Amendment privilege is available outside of criminal court
Know Your Rights: Part I | 29
