What Happens If the Police Don’t Read You Your Rights?
You’ve seen it on TV:
“You have the right to remain silent…”
But what happens if the police skip that in real life?
Under both federal and Massachusetts law, police are required to give Miranda warnings before a custodial interrogation—that is, questioning that takes place after you’ve been taken into custody.
When Miranda Applies
Police must read your rights if:
You’re in custody and
They want to interrogate you
If you’re not in custody—like during a traffic stop or casual street questioning—Miranda usually doesn’t apply. And if you’re in custody but the police aren’t asking questions designed to elicit an incriminating response, it may not apply either.
What Happens If They Don’t?
If the police fail to read you your rights when they’re required to, your statement could be suppressed—that means it can’t be used against you in court.
This can also apply to:
Any written confessions
Recorded interviews
Any evidence obtained because of that illegal statement (the “fruit of the poisonous tree” doctrine)
Does That Mean the Case Gets Thrown Out?
Not necessarily.
If your statement was the main piece of evidence, suppressing it might gut the prosecution’s case. But if they have other independent evidence (video, witnesses, physical evidence), the case can continue without your statement.
What Should You Do?
Don’t assume anything about your rights until you speak with a lawyer.
If you think your rights were violated, talk to an attorney immediately.
I regularly file motions to suppress statements that were taken illegally.
Even if it doesn’t dismiss your case entirely, it may significantly weaken the government’s evidence and open the door to a better outcome—or even a dismissal.