When Do Police Need to Read You Your Miranda Rights in Connecticut?
No matter if you’ve been arrested before or if you’ve never experienced the criminal justice system but have seen a cop tv show, you probably know the phrase: “You have the right to remain silent….”
In real life, people are often confused or misled about when police are actually required to read you your rights and what happens if they don’t.
Contrary to popular belief, police do not always need to read you your rights before interacting with you and asking you questions. This requirement only kicks in under specific circumstances. In many of my cases, I have clients who have been stopped by police and asked questions, and they unfortunately incriminate themselves or say things they regretted. In these situations, I am asked, “well, shouldn’t the police have read me my rights before asking me those questions?” Well, it depends… here’s what you need to know:
What Are Miranda Rights?
Miranda rights come from the U.S. Supreme Court case, Miranda v. Arizona. In this case, the Court decided that police must provide you certain rights:
1) right to remain silent
2) right to an attorney
3) if you cannot afford an attorney, one will be appointed for you
4) anything you say can and will be used against you in a court of law
These rights exist to protect you from self-incrimination during a custodial interrogation.
The Requirements for Miranda Rights to Apply
Police are required to read you your rights before questioning you only in situations where both of the following are true:
1) You are in custody- you are formally arrested or you are not free to leave
You are considered in custody when you are not free to leave. You don’t need to be in handcuffs or in a police car to be in custody. This standard is based on whether a reasonable person in your situation would not feel free to leave. Examples of being in custody include being in handcuffs, being told you are under arrest, being held in an interview room, or being surround by officers and told you cannot leave.
2) You are being interrogated by police
An interrogation is direct questioning that are asked to elicit an incriminating response, such as “Where did you hide the drugs,” “Why did you hit him,” or “How much did you have to drink tonight?”
What Happens if Police Don’t Read Miranda Rights
If police don’t read you your rights when you are in custody and being interrogated, it does not mean the State will automatically dismiss your case. The results, however, could include:
Any statements you made to police during an interrogation under custody before Miranda rights were read could be suppressed and not used against you in the court case
Prosecutors may not be able to use your statements against you as evidence at trial
It can weaken the State’s case against you significantly, depending on the situation
Sometimes, it can lead to better results during negotiations or dismissals of the case
The arrest itself could still stand if the police had legal grounds for it.
Miranda Rights & Traffic Stops
Many people are surprised to learn that police don’t have to read Miranda rights during most traffic stops, including:
DUI stops
Speeding stops
Asking if you’ve been drinking
Asking where you’re coming from
Because traffic stops are considered “temporary detentions,” not custody.
Miranda warnings usually must be read to you only after 1) you’re arrested, and 2) officers question you further (usually in order to collect evidence to include in their police report).
Why This Matters
Understanding Miranda warnings is critical because many people, especially in DUI cases, talk themselves into trouble.
Just because police aren’t required to read you your Miranda rights during a temporary detention like a traffic stop or DUI stop, doesn’t mean you must answer questions.
Police aren’t required to warn you of your right to remain silent until you’re in a custodial interrogation.
Police will often ask questions before an arrest, hoping you’ll voluntarily give up information.
Knowing your rights helps you protect yourself.
