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Wednesday, May 1, 2019
When Police Violate the Miranda Rule
When Police Violate the Miranda Rule
What happens to your case when the police have not followed the rules surrounding Miranda? There seems to be a bit of "common knowledge" in our society that if you are not read your rights and then arrested, your case will be dismissed. There is some fact in this statement, and also a lot of fiction. Learn more about Miranda violations and how they affect a criminal case here.
- Sometimes police can continue to ask questions after a suspect has invoked the Miranda rights.
- Many people believe that if they are arrested and not "read their rights," they can escape punishment. Not true. But if the police fail to read a suspect his or her rights, the prosecutor can't use anything the suspect says as evidence against the suspect at trial.
- Most of the time, when the police fail to follow the Miranda rule, the defendant's statements cannot be used against him or her at trial -- but there are several exceptions.
- Conversations with the police can yield more than confessions. Sometimes they lead to physical evidence.
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