When must the Miranda warning be read to a person?

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When must the Miranda warning be read to a person?

Can you be questioned without having had your rights read?

Asked on March 3, 2019 under Criminal Law, New York

Answers:

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

Answered 3 years ago | Contributor

Contrary to popular belief, the Miranda warning need only be read to a person if they are already in custody and are then questioned. Further, the questions must be of a material nature; in other words not incidental to the booking process (i.e. name, address, birth date, etc.).
Here is a link to an article that will explain more: https://criminal-law.freeadvice.com/criminal-law/arrests_and_searches/no-rights-case-dismissed.htm


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