The Biggest Mistake People Make When Exercising Their Miranda Rights

Posted by Corey L. Scott | Jun 21, 2021 | 0 Comments

“But they didn't even read me my Miranda Rights!”

The statement above is one I hear all the time, and it exemplifies a common mistake people make regarding their Miranda Rights. While many people can recite their Miranda Rights by heart, most actually do not understand when Miranda Rights apply, or when they kick in. Many individuals believe that anytime a police officer or law enforcement official speaks with them, that they are entitled to have their Miranda Rights read to them. In reality, Miranda Rights only apply when you are in custody, and not only that, you must be in custody and at risk of incriminating yourself.

For example, you are in custody and are asked, “When did you first see the victim that night?” If you answer that, you could very well be in danger of incriminating yourself. If it is clear you are in custody and cannot leave, and are being asked questions that could incriminate yourself, your Miranda Rights should be read.

There is a common misconception about what custody means as well. In America it is perfectly reasonable for a police officer to approach you on the street and strike up a conversation. They might say, “Hey, I'm officer­­­ ______. Are you ______? Would you mind answering a few questions for us?” At this point they have not put you in handcuffs or somehow restricted your freedom. They can and might start asking you the same questions we talked about before. The big difference in this scenario is that you are free to walk away or terminate the conversation at any time. Thus, Miranda Rights do not apply.

Unfortunately, there are situations where the line between being in custody and not being in custody is unclear. Let's say there was an extraordinary show of force, and it was not just one officer that approached you, but three or four police cars. Or there were ten officers and you were surrounded. Would a person in this situation feel like they could just walk away or terminate the conversation? Probably not. It could be a situation where the police have ordered you to do something. “Mrs. Smith, have a seat on the sidewalk. Mrs. Smith, have a seat in the back of my car.” In this example, since your liberty and ability to move about freely has been compromised, you should be considered in custody.

In conclusion, Miranda Rights apply when you are in custody and the police are asking you questions that if answered, could lead to self-incrimination. If you voluntarily talk to the police and are free to terminate the conversation and leave, your Miranda Rights will not apply. The best way to avoid these situations is to simply not talk to the police or answer any questions posed by the police. What you can say is, “Officer, I understand that you are just trying to do your job, but I am going to exercise my right to remain silent.” And that is it.

About the Author

Corey L. Scott

Corey L. Scott, was born and raised in East Chicago, Indiana. Upon graduation from East Chicago Central High School, Corey attended Indiana State University and graduated with a Bachelor of Science degree in Criminology.  Upon graduation, Corey accepted a position with the Marion County Superior Court, Juvenile Division where he served with distinction for the next nine years, eventually being promoted to Director of the Youth Counseling Department. Pursuing his dream of becoming an attorney, Corey attended the Indiana University School of Law-Indianapolis.  While in law school, Corey was an Indiana Council on Legal Education Opportunity (ICLEO) fellow and participated in Moot Court competitions.  He also worked in the Marion Superior Court, Criminal Division as a bailiff and research assistant to the Honorable Tanya Walton Pratt, who serves as a Judge on the United States District Court for the Southern District of Indiana. Corey also served as an internship law clerk to the Honorable Judge, Margret G. Robb, at the Indiana Court of Appeals. Finally, upon graduation from law school, Corey had the distinct honor and privilege to serve as a law clerk to the Honorable Justice, Robert D. Rucker, who sits on the Indiana Supreme Court. Corey then became an associate with Mike Norris Law Office, where he specialized in bankruptcy law with a main concentration on working to assist families obtain a fresh start through Chapter 7 bankruptcy.  Still a young attorney, Corey then served as a public defender at the Marion County Public Defender Agency.  In this position, Corey gained invaluable trial experience by defending clients in a wide range of matters from misdemeanors to serious felonies on a daily basis.  It was also during this time that Corey discovered his passion for representing and serving "everyday people." An entrepreneur at heart, Corey established the Law Office of Corey L. Scott, P.C.  Since then, he and his staff have served the greater Indianapolis community and surrounding counties in several legal disciplines including: Bankruptcy, Criminal Defense and Family Law.  In keeping with his vision, Corey L. Scott, P.C., is a client focused, results oriented general law practice that endeavors to provide legal solutions for "everyday people" charged with a crime, dealing with financial crisis or going through a difficult divorce. Corey has also been active serving the greater Indianapolis community by participating in pro bono programs such as "Ask a Lawyer," the "Modest Means" panel program which allows individuals to afford legal counsel at a fraction of normal rates, Neighborhood Christian Legal Clinic and the Heartland Pro Bono Council program. Corey is a proud member of the Indianapolis Bar Association, Indiana Bar Association, American Bar Association, National Association of Criminal Defense Lawyers and the National Association of Consumer Bankruptcy Attorneys.


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