What are Miranda Rights?

Miranda Rights or Miranda Warning is an outcome of the 1966 Supreme Court Case Miranda v. Arizona. The Court majority decided that prosecutors could not use defendants' statements in court unless they had their rights read to them. The typical script of Miranda rights sound like this:

"You have the right to remain silent.

Anything you say can and will be used against you in the court of law

You have the right to an attorney

If you cannot afford an attorney, one will be appointed to you

Do you understand the rights I have just read?"

Depending on the state you reside in, this script varies.

When should my rights be read to me in North Carolina?

In North Carolina, police officers are only required to read you your rights when they are officially arresting you or actively interrogating you after being placed in custody.

If I am placed in handcuffs, does that mean I am being arrested?

No, being placed in handcuffs does not technically mean that you are placed under arrest. There are cases where officers can put you handcuffs as a form of detainment, such as:

• Reasonable Suspicion

      (ex. Potential possession of stolen goods or weapons)

• To diffuse a potentially volatile situation

      (ex. To break up a fight or to prevent someone from becoming violent)

• While Executing a Search Warrant

      (ex. Occupants in an area of a home that needs to be searched)

To know if you are being detained or arrested, it is best to ask the officers directly.

If you feel your rights have been violated or you have experienced police misconduct or police brutality please click here to fill out this form and someone from our firm will contact you within 24 hours.

**Nothing in this blog post should be taken as legal advice