Miranda Rights are an essential foundation of Texas and American law. However, many Texans have misconceptions about how the concept works before, during and after an arrest.
Americans do not always have the protection of the Miranda warning. There are many instances where an individual can unwittingly reveal incriminating information without a Miranda warning.
Miranda rights apply to questioning under custody
According to MirandaWarning.org, the police only must read a suspect their rights when they intend to take that person into custody for questioning. This leaves a lot of room for questioning without the need for a Miranda warning. For instance, when police pull a suspect over, they do not have to Mirandize the suspect. Police can ask the individual incriminating questions, and anything the suspect says will count as evidence. Another example of police not having to give the Miranda warning is for on-the-street questioning. If a crime occurs and police investigate in the surrounding area, any questions they ask witnesses do not require the Miranda warning unless they bring a witness into custody.
The Fifth Amendment always applies
It is important to remember that although police only must give Miranda warnings for individuals taken into custody for questioning, every citizen of the United States can invoke their right to remain silent at any time. So, Miranda Rights do not protect in every instance, but individuals always have protection under the Fifth Amendment.
Police might try to trick suspects into providing incriminating information. Miranda Rights only protect U.S. citizens after they go into custody. It is up to the individual to remember their Fifth Amendment right to remain silent and invoke it when interrogated outside a police station.