Case Dismissed if Not Read Miranda Rights

Question: Can a case be dismissed if a person is not read his/her Miranda rights?

Answer: Yes, but only if the police have insufficient evidence without the admissions made. And, in most instances as it relates to non-custodial interrogation—meaning the person has not actually been arrested for a crime yet—the reason they’re questioning the person is they don’t have enough information in order to otherwise prosecute. If they did have enough information, they’d have no need to, nor would they bother with, the investigation. That’s why in almost every instance, it’s best for a person who is being asked to come into the station for a non-custodial interrogation to decline.

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