Question: When taken into custody is the police office required to read you the Miranda Rights?
Answer: A police officer is required to read a person his/her Miranda Rights when two conditions are present.
-First, the person is 'in custody.'
-Second, the police officer is asking questions of the person.
If the police officer does not read the person his/her Miranda Rights when those two conditions apply, any statements made by the individual cannot be used against him in court as the statement will be suppressed (not allowed in court as evidence by the judge).
If a person is in custody and the police do not ask questions of him, but he volunteers information without being asked, then those statements can be used against him in court. Likewise, if a police officer asks a person questions and he is not in custody then the statements can be used in court.
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