I was invited to speak at the Bloomington Mystery Writer’s conference last week about my work as a criminal defense lawyer and how I’ve used that material in my stories.  It was a lot of fun with a good group of mystery writers.  The question that came up, as it always does, is: What about Miranda warnings?  Can someone get off if the cops don’t read them their Miranda warnings or rights?

The media has done a great disservice to the public about this issue.  I’ve seen countless TV shows where the entire case hinges on whether the police have correctly given the Miranda warnings to the suspect.  If not, case over!  It’s thrown out!  Is this correct?  Here is the truth about the Miranda warnings.

1. They came from the 1966 Supreme Court case of Miranda vs. Arizona.  It’s primarily a reminder to the suspect that, under the 5th Amendment of the U.S. (and most state constitutions), they have a right to remain silent if the police question them about possible involvement in a crime.  Of course, they’re also reminded they have a right to a lawyer or a Public Defender if the suspect qualifies financially.
2. It is given prior to questioning by the police and only takes effect if the suspect is in custody.  This could mean in the police station, jail, or even locked into the back seat of a squad car.  If the suspect isn’t in custody, the police don’t have to give the Miranda warnings.
3. If you are stopped on the street and are not in custody, the police have the right to questions you.  Even then, you don’t have to answer their questions, but the Miranda warnings don’t apply at this stage.
4. What if the police fail to read the Miranda warnings prior to questioning?  If the suspect makes any statements about their involvement in the crime, or confesses to the crime, his statement may be thrown out of the case prior to a trial and couldn’t be used against him.
5. Any other evidence the police have against the suspect would still be used against him, such as videos, witnesses, police observations and reports, forensic evidence, etc.  That means just because the police have not read the Miranda warnings to a suspect, the case can still proceed forward and may even result in a conviction.

So, why does the media make such a big deal about the Miranda warnings?  I think it’s because people are familiar with the legal concept and it makes great drama for an entire case to be thrown out because of police misconduct.  In my own state of Minnesota, the Supreme Court has also required that police tape record any questioning or interrogation with the Miranda warnings included on the tape.

From law enforcement’s perspective, the Miranda warnings are no big deal.  They can still prosecute cases and win them, even if the suspect’s statements are thrown out.