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Police Questioning After Arrest

From the Nolo.com Criminal Law Center

What really happens if the police fail to read a suspect his rights or use coercion to extract information from a suspect.

Many people believe that if they are arrested and not "read their rights," they can escape punishment. Not true. But if the police fail to read a suspect his or her rights, they can't use anything the suspect says as evidence against the suspect at trial.

Popularly known as the Miranda warning (ordered by the U.S. Supreme Court in Miranda v. Arizona) a defendant's rights consist of the familiar litany invoked by TV police immediately upon arresting a suspect:

  • You have the right to remain silent.

  • If you do say anything, what you say can be used against you in a court of law.

  • You have the right to consult with a lawyer and have that lawyer present during any questioning.

  • If you cannot afford a lawyer, one will be appointed for you if you so desire.

  • If you choose to talk to the police officer, you have the right to stop the interview at any time. (This part of the warning is usually omitted from the screenplay.)

It doesn't matter whether an interrogation occurs in a jail or at the scene of a crime, on a busy downtown street or the middle of an open field: If a person is in custody (deprived of his or her freedom of action in any significant way), the police must give a Miranda warning if they want to question the suspect and use the suspect's answers as evidence at trial. If a person is not in police custody, however, no Miranda warning is required and anything the person says can be used at trial if the person is later charged with a crime. This exception most often comes up when the police stop someone on the street to question him or her about a recent crime or the person blurts out a confession before the police have an opportunity to deliver the warning.

Consequences of Failure to Provide Miranda Warning

As mentioned, without a Miranda warning, nothing a person says in response to a custodial questioning can be used as evidence against the person at his or her trial. In addition, under the "fruit of the poisonous tree" rule, if the police find evidence as a result of an interrogation that violates the Miranda rule, that evidence is also inadmissible at trial. For example, if a suspect tells the police where a weapon is hidden and it turns out that the suspect provided this information in response to improper questioning, the police will not be able to use the weapon as evidence unless the police can prove that they would have found the weapon without the suspect's statements.

When Police Come Down Too Hard

Information that is voluntarily disclosed to a police officer (after the person has been properly warned) is generally admissible at trial. The key word is "voluntary." Police officers are not allowed to use physical force or psychological coercion to get a suspect to talk to them. The days of the rubber hose, protracted grilling under bright lights and severe sleep deprivation are pretty much over. If police officers obtain information through any of these illegal means, the prosecutor cannot use the information at trial. In addition, under the rule known as "the fruit of the poisonous tree," any evidence that the police obtain as the result of a coerced statement is equally inadmissible.

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