If you confess to a crime in an interrogation before your Miranda rights have been read, the police cannot administer your rights and then have you repeat your confession. If you voluntarily waived your rights, the prosecutors will have to prove that you did so.
However, a San Diego criminal defense law firm cautions that an unintentional failure to read you your Miranda rights will not prevent the police from being able to administering your rights later, and then getting a confession if you have been warned.
The following are exceptions to having to read you Miranda rights:
- Booking and pedigree questions
- Public safety
If the questioning is limited to eliciting biographical information or involves a border inspection, then Miranda warnings are not required. However, if the questions then lean towards interrogation or trying to obtain information about a crime, then warnings are needed. Preliminary information can be obtained by the police without having to read your Miranda rights.
In regards to public safety, if the police or the public are in any immediate danger associated with a weapon, then there are exceptions. For example, if the police were informed that a suspect was armed and saw him discard something, and they discovered that his shoulder holster was empty; they are entitled to ask where he had discarded his gun. This does not apply to instances when detaining the suspect eliminates the immediate danger.
There are limited effects to a Miranda violation:
- Physical evidence to which the statements lead is admissible
- Under cross-examination of the defendant
- In a rebuttal to the defendant's testimony
For more information on Miranda waivers and exceptions, contact San Diego criminal defense lawyer James Hairgrove at 619-667-3743.