What If The Police Officer Failed To Read Me My Rights?

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What If The Police Officer Failed To Read Me My Rights?

There is a common misconception that when an officer fails to read a person their Miranda Rights (i.e., "You have the right to remain silent, you have a right to an attorney. . .") the case will be dismissed. The Miranda warning only affects the admissibility of statements made by an accused after the person is arrested. For example, if a person is pulled over because his tail lights are not working and he blurts out to the police officer, "I'm drunk as a skunk and I never should have been driving!", this can be used against the person because the person was neither arrested nor in custody. However, if the person is in handcuffs and, answering the officer's questions says, "I was drunk as a skunk and never should have been driving", the police cannot use this statement unless they have read the person their rights.

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