Do Miranda rights have to be read when a person is arrested?

This involves a domestic violence arrest. The officer came up to me he asked if I knew why he was there. I said. “Yes, I pushed my wife and she fell”. I was handcuffed and taken in to custody. No Miranda was read to me.

Asked on November 1, 2013 under Criminal Law, Florida


Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

The police only have to read you your Miranda rights if they want to question you.  Asking if you know why the police are at your house does not constitute custodial questioning.  It is the same question police ask if they pull you over, "Do you know why I pulled you over?"  If after they arrested you, they took you to the station and further questioned you without reading you your rights, anything you said at the station would be inadmissible.  But your admission to pushing your wife is going to be admissible in court against you.

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