What happen if the police don't read you your Miranda rights?
Question Details:
Then any statements made by the defendant during custodial interrogation should be suppressed. It does not necessarily invalidate the arrest itself.
Many people believe that any time a person is placed under arrest they must be read the Miranda warning. This is a myth. The Miranda warning must only be given if a person is in custody and then questioned. However, once a person is in custody and questioned without being "Mirandized", then any statements so made cannot be used against them.
The 2 exceptions to this: the statements were voluntarily and knowingly made anyway (that is the defendant waived his rights); or the questioning was incidental to the booking process (ie. name, address, etc).
Note: Any questioning before being taken into custody is legal.