Miranda Rights
By Sheena Robertson
I was falsely arrested because the officer didn’t read me my rights?
I have heard this so many times from many citizens who have filed false arrest complaints with the Atlanta Citizen Review Board (“ACRB”). Thanks to the numerous police shows and movies, many people know their Miranda Rights and probably can even recite some of them from memory. But, many people don’t understand when a police officer is required to give them. In fact, the police have no obligation to read you Miranda Rights just because they have arrested you. All the officer needs is probable cause. An officer must have facts and circumstance within the officer’s knowledge that would lead a reasonable person to believe that you have committed, is committing or about to commit a crime.
The Miranda warning, which derived from the 5th Amendment, requires that officers let you know of certain facts after your arrest, before questioning you. An officer who is going to interrogate you must convey to you that:
- You have the right to remain silent.
- If you do say anything, it can be used against you in a court of law.
- You have the right to have a lawyer present during any questioning.
- If you cannot afford a lawyer, one will be appointed for you if you so desire.
Many people believe that if they are arrested and not “read their rights,” the arrest is unlawful, and the judge will throw out their case. A Miranda Warning is not a necessary, routine part of an arrest. It only comes into play when the police arrest you and want to force a confession or incriminating statements out of you. Failure to give a Miranda Warning means nothing in most instances because the case does not depend upon a confession you gave after you were arrested. However, if the police fail to read you the Miranda rights and illicit incriminating statements from you, the prosecutor can’t use, for most purposes, those statements as evidence against you at trial. Does that mean you can say whatever you want after you are arrested? The short answer is No. It is in your best interest to remain silent and not voluntarily give the officer any information that could be later used against you in court. Furthermore, Miranda Rights don’t usually protect the things you say before you are arrested.
In summary, an arrest can occur without the Miranda Warning being given. However, if you feel your rights have been violated by an officer of the Atlanta police or corrections departments or you have witnessed someone’s rights being violated, please report it!
Sheena Robertson is ACRB’s Investigation Manager