Ben Doscher: You can suppress statements which we do a Huntley Hearing. That’s the name of the case that it’s based off of. Whether they were read their Miranda Rights in order to get their statements suppressed. That is a common motion to argue.
When Should You Be Advised of Your Miranda Rights?
Interviewer: When do Miranda rights come into play? I’m sure you encounter people who say, “They didn’t read me my rights so you should throw the case out,” but what’s the reality of it? When do the police have to read you those rights how does it work?
You Must Be Advised of Your Miranda Rights When You Are in Physical or Implicit Custody and Are Being Interrogated
Ben Doscher: Once you’re in custody, either physical or implicit custody, you have to be read Miranda rights before they can question.
Interviewer: But before you’re in custody the police can ask you all kinds of questions?
Prior to Being in Custody, You Can Decline to Answer Police Questions
Ben Doscher: They can ask you questions, but if you’re not actually in custody you don’t have to answer them.
Interviewer: Do you find that’s where most people make statements and they’re not protected by Miranda?
Ben Doscher: A lot of people do make statements when they’re not under arrest, yes.
Interviewer: Even though you may not be protected by Miranda before you’re in custody, can you still refuse to answer questions? Are you allowed to by law?
The Fifth Amendment Right Protects You from Making Incriminating Statements
Ben Doscher: Yes, you don’t have to answer their questions, definitely. You always have that Fifth Amendment Right not to incriminate yourself.
Interviewer: I don’t know if people knew that because I’m sure in some cases, police say they just assumed the person was aware of the Fifth Amendment Right.
Ben Doscher: Police may try to mislead you into thinking that you are legally compelled to answer their questions.