Legal for Police to Delay Reading Miranda Rights

Question: Is it legal for the police to delay reading a suspect his or her Miranda rights?

Answer: There’s actually no requirement that Miranda rights be read to a person. We rarely, for instance a DUI case, it’s very rare that you’ll see Miranda read to a person, because at that point they’re not doing any questioning—they’ve already obtained the information they had.

Miranda must only be read before they’re going to do any type of questioning and the person is in custody. And so there’s actually no requirement. Now, if they wait to long, obviously, anything before they read it to them that’s in violation would not come in.

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