If you or someone you know has ever been arrested, or if you have watched most any episode of a crime show, you probably know that upon arrest you have many constitutional rights, many of which the police will often recite.

What if the police fail to review these important rights? How severely impacted is the prosecution’s case against you?

It depends. Did you make an incriminating statement while both in custody and under interrogation? If so, it is possible that a court would suppress your statement and the State could lose the valuable confession or other evidence derived as a result of your statement.  However, if while locked in the back of a police cruiser under arrest for a DWI, you blurt out that you “had way too many drinks and shouldn’t have been driving” without any solicitation from a police officer, your statement could be used against you in court even if Miranda was never given, because you were not under interrogation at the time.

Similarly, if while riding your bike you are approached by an officer who asks you if you are the owner of the bike, and you admit you borrowed it without authorization from the owner, your admission could be used against you even without Miranda warnings. This is because you were not in custody during the period of questioning; you had not been detained by the officer during the brief encounter and you were free to leave on your own avail.

Once in custody, police must recite certain constitutional rights to the suspect prior to interrogation in order for any statement to be used against the suspect in court, and the accused must knowingly, voluntarily and intelligently waive said rights. The 5th and 6th amendments to our Constitution provide these important protections to the people.

While cooperating with the police is always encouraged, it is strongly advised that you consult with a lawyer before waiving any of your rights. Attorneys Allison Ambrose and Kathrine Lacey have the experience and knowledge necessary to assist you in these matters.