What are Miranda Rights?

by Kansas Attorney, Vincent Rivera

Everybody's familiar with Miranda warnings, but legally, they’re only necessary under certain circumstances.

A way to remember is that Miranda equals custody plus interrogation.

A court determines whether or not you were in custody for the purposes of Miranda by asking whether or not your freedom was restrained in a significant way. There's not a bright-line rule here, and this is a case-by-case analysis.

It ultimately comes down to whether a reasonable person would have felt free to leave or not.

Now, being in custody alone is not enough to trigger Miranda.

For example, let's say you get picked up on a murder warrant. The officer picks you up, puts you in the back of the car, takes you to the police station. On the way to the police station, on your own, you say, "Yeah, I was there, but the guy was alive when I left."

That does not trigger Miranda, because the statement you made was not triggered by the police asking you anything.

In order for Miranda to apply, you have to be in custody, and you have to be subject to interrogation.

Miranda Rights on Wikipedia article.

Videos suggested for you to watch next

Police encounters video page link
Police Interrogations video page link
Learn About Your Legal Options
Take The Next Step and request your free consultation.

Rivera Law Office
100 E. Park St, Suite 8, Olathe KS 66061

Give me a call at (913) 210-0844, schedule a private consultation or send me a secure email with the form below.

    It's important that you're advised of your rights ASAP. If Mr. Rivera is unable to take your case or contact you promptly, do you want us to have another attorney contact you?