You have certain rights when dealing with the police. It’s important for you to know and understand how to effectively take advantage of your rights. Two major rights are the right against unlawful search and seizure, and your Miranda Rights. This video explains your rights in a general way:

It’s important to understand that the police do not have to read you your Miranda Rights unless 1) you are in custody and 2) they want to ask you questions. If you are sitting in your home talking to a police officer, you are probably not in custody and therefore the police officer is not required to read you your Miranda Rights.

If you are in custody down at the police station, but the police officer doesn’t want to ask you questions, he does not need to read you your rights.

Miranda Rights, therefore, are limited protections. If you say something or sign something while not in custody, then Miranda does not apply. Similarly, if you are in custody and simply blurt out that you are guilty, then Miranda does not apply because your admission will be ruled a spontaneous utterance.

Damon Chetson - 1008 posts

Damon Chetson is a Board Certified Specialist in State and Federal Criminal Law. He represents people charged with serious and minor offenses in Raleigh, Wake County, and the Eastern District of North Carolina. Call (919) 352-9411.

Hiring a Lawyer, Miranda, Pre-Arrest Investigations