Situations Where Miranda Rights Do Not Apply

Question: Are there situations where Miranda Rights do not apply during an investigation or arrest?

Answer: The only thing I can think of off the top of my head with regard to that is maybe in a DUI situation where someone is pulled over at the side of the road and they’re asked certain questions like, Where were you coming from? Where were you going? How much have you had to drink? Even though those questions could be, and are, incriminating to an individual, the courts have said that Miranda does not have to apply or would not apply in that type situation. But with regards to any other type of investigation, especially all felonies in the state of Florida, the officer would be required to read Miranda prior to getting any statements from you.

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