Does prosecution have a case if the "Miranda Warning" was never given before, during or after an arrest?

Question

Does prosecution have a case if the "Miranda Warning" was never given before, during or after an arrest?

Answer 1

depends.

does their case rely on statements made by the accused?

if so, then no.

if not, then their case is unaffected.

Answer 2

Miranda only protects you after you've been arrested, are in police custody, and they want to question you. In that case Miranda informs you that you don't have to volunteer any information, or incriminate yourself, and that you have a right to a lawyer.

The best course of action is to not say anything without consulting a lawyer.

Answer 3

of course

They do NOT have to read you your rights  geeeez

ONLY and ONLY if you are under arrest AND they want to question you  AND they want to use what you say in court,  do they have to Miranda you.

Answer 4

A legal concept such as Miranda is only as potent as its most recent court interpretation. Most recently, courts have sided with the prosecution if there is any gray area.

At the opening of court, the judge or a Representative will notify those present of their rights, and courts have generally held that this alone is sufficient to cover the requirements of Miranda.

This is why there's always such scrutiny when an appellate judge is nominated, and why his/her opinions on hot subjects become so examined. The law is written and interpreted by PEOPLE, and what I interpret in the law may not be what you interpret. Thus the battles such as over abortion,, flag burning, the Ten Commandments being posted on government property, open prayer before high school sporting events, and obscenity on television and radio.

Answer 5

Jeff got it right. You only get Miranda if you were questioned and then only if your statements were used against you. Any spontaneous statements without questioning can be used as well. In other words if the officer asks no questions but you volunteer information, that to can be used.

Answer 6

Custody + Interrogation = Miranda

I can't make it any simpler than that.

Answer 7

The only time that a police officer has to read you your Miranda Rights is if he is going to be questioning you.  If you were not questioned by the police, he does not need to read you your rights.  

Answer 8

There is a huge misunderstanding about Miranda.  Miranda is only required if you are in custody (i.e. under arrest) and being questioned about a crime.  If those two elements are not present then Miranda is not required.  If you are questioned while in custody without Miranda then all that means is your answers to the questions may not be used against you at trial (normally, there are exceptions).  Other evidence may still be submitted against you so theoretically you could still be prosecuted even if some testimony is not allowed.

This is a very commmon question in here.

Answer 9

Depends on the case.  You don't even have the right to a Miranda warning unless you are 1:  being questioned by police, and 2: are in custody (or if a reasonable person were to believe they were in custody).  By the nature of being arrested, you are in custody, but if the police already have a case and don't need to question the suspect, then they don't need to give Miranda warnings.  Some departments have a policy to read Miranda upon arrest to protect any conversations that occur after, but that's just a department policy.  

I read the below response and it's half right.  If a suspect tells an officer something after being arrested, and he did so voluntarily without being asked or tricked by the officer into making the statement, it is still admissible.  Miranda protects a person in custody from being Questioned by authorities.  It doesn't provide blanket protection from things they say after being arrested.

Answer 10

The way I understand it, anything that a suspect says is not admissible in a court of law if Miranda is not read.  It doesn't necessarily mean they don't have a case, but it does mean that if the person arrested admitted to a crime without having his/her rights read to him/her, the admission cannot be used against the person during the trial.

Answer 11

I think the Miranda warning only applies if they are asking you questions while you are in custody, or if you perceive that you are in custody.  For example, if the police come to your house, they don't have to read you the warning to ask you questions because you aren't in custody, nor would you perceive that you are since you are in your own home.  If they would bring you down to their office, for example, even if you aren't technically in custody, you may perceive that you are. If they arrest you and never ask you a question, then they don't have to read it. Most departments read the warning no matter what, just to be safe but at times, they really don't have to.

Answer 12

it's definitly a loop hole, talk to your lawyer, if the police arreest you they HAVE to mirandize you. if you can prove they didnt the whole case can be thrown out