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.

What Is a Motion to Suppress in Massachusetts?

A motion to suppress asks the judge to exclude certain evidence from trial because it was obtained illegally—usually by violating your constitutional rights.

Common reasons to file a motion to suppress include:
- A search without a warrant or valid exception
- An arrest made without probable cause
- A confession obtained without Miranda warnings
- Evidence obtained after an unlawful stop or seizure

In Massachusetts, suppression hearings often determine the outcome of the case. If crucial evidence like drugs, firearms, or statements are excluded, the prosecution may have no case left.

I regularly file motions to suppress when there’s even a hint that my client’s rights were violated. These motions require legal skill, case law support, and thorough cross-examination of police officers.

If your case involves any search, seizure, or confession, contact a defense lawyer immediately. The evidence might be weaker than it looks.