Police Didn’t read Me Miranda Warnings and I Talked, Then they Read Me Miranda & Asked Me to Confirm What I Said Earlier…

Question: When arrested, a person has the right to remain silent. But what if the police detain you, interview you, then give your Miranda warnings, and ask you to confirm previous statements?

Answer: The pre-Miranda statements, if not confirmed post-Miranda, should not be used against you in Court, assuming the interview occurred after you had been detained and not in a voluntary conversation. For example, if you are in handcuffs, police should provide Miranda warnings. On the other hand, if the police call you and ask you to come down to the station voluntarily and speak with them, then your statements could be used against you. A favorite police trick is to ask a witness questions before giving Miranda warnings. Then, after they know everything, they provide Miranda warnings and ask people to confirm what they just said. Most people are afraid not to confirm something that was just admitted only moments earlier.

Another way of putting it is to say that police are only supposed to be able to do certain things in a voluntary encounter. After a person is detained, and certainly after they are arrested different rules apply. Defendants should understand that police may use a “voluntary” encounter to gather evidence.

Bottom line: don’t say anything, don’t answer questions, and ask to have access to an attorney.

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