When is a Florida police officer required to read me my Miranda rights?

A Florida police officer is required to read you your Miranda rights any time they have taken you into custody and are interrogating you. They are not, however, required to read you your Miranda rights in Florida before questioning you outside of an arrest, or after arresting you if they choose not to ask you questions. 

For example, if a police officer believes a suspect was part of a break-in, they may approach them and ask them where they were that evening, or if they know of the location that was broken into. They do not have to read them their Miranda rights, because at this point they are simply asking them for information. They may explicitly state something to the effect of, “You are not currently under arrest, but I would like to ask you a few questions.” 

Often, if the suspect chooses not to answer any questions, and tries to leave, the police officer will then arrest them. At this point, if they wish to continue questioning the suspect who is now in custody, they must now read them their Miranda rights, informing them of their right to remain silent, the fact that anything they say may be used against them in court, their right to an attorney, their right to have an attorney present, and their right to a state-provided attorney if they do not have the resources to acquire their own attorney. 

A recent Supreme Court decision regarding Miranda rights found that if you choose to remain silent you need to explicitly tell the police officer that you are invoking your right to remain silent. 

Contacting a Miami Criminal Defense Attorney 

If you are facing criminal charges in South Florida, your legal team is your best defense. Contact the Miami criminal defense attorneys at Falk & Ross to discuss your case – 1-877-663-5110.