Upon arrest, must a suspect be read their rights?

Asked on July 26, 2015 under Criminal Law, Alabama

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A suspect must be read their rights upon arrest and if then questiond by the police. The exceptions being: if the questioning is incidental to the booking process (i.e. they are asked for their name, home address, etc.); and if statements are knowingly and voluntarily made (ie the defendant waived their rights). Any questioning before being taken into custody is legal.

Note: Even if you were not properly "Mirandized", a case will not be automatically dismissed. If there is other evidence a person can still be prosecuted, only the statements unlawfully obtained may not be used against.


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