Most people who have watched a criminal procedural show like Law & Order know that a defendant must be read their Miranda warning. If they do not do so when a defendant is put under arrest, then any statements made by the defendant are generally not admissible in court. However, there are exceptions – notably the emergency exception.
Keep reading to learn more about this exception and then contact Chambers Law Firm at 714-760-4088 if you or a loved one has been charged with or accused of a crime. We can begin with a free legal consultation.
Law Enforcement Are Not Required to Give Miranda Warnings When Responding to Certain Emergency Situations
When a police officer is responding to an emergency situation, they may have an exception to the Miranda rule. One well-known example involves a murder case in which an officer responded to a call about a suspicious person, found a man with blood on his shirt, and detained him.
The man in question asked for an attorney, which would normally stop questioning. However, in this case, because the police were trying to find a victim who was potentially in an emergency situation, the court found that the officers had a reasonable exception from the Miranda rule.
Elements that Make Up the Emergency Exception to the Miranda Warning Requirements
Though the decisions are made on a case by case basis, it is generally true that the police can claim emergency doctrine if they have a reasonable basis that immediate assistance is needed due to an emergency situation that involves injury or property damage, the police are not motivated by a desire to arrest a person and seize evidence, and there is a valid reason to believe that the emergency condition in question is nearby.
Never Count on Having Your Rights Read
The fact of the matter is that while the police may be required to read you your Miranda rights, you should never count on them to do so. At Chambers Law Firm we encourage everyone to know their rights. Even a person who does not feel as though they break the law could find themselves falsely accused or guilty of a crime that they did not commit intentionally.
Do Not Talk to the Police – Contact an Attorney
If you are arrested and taken in for questioning, be polite but firm. Tell the police that you want your attorney. When you do so, they are not legally allowed to continue questioning you. If they do, then what you say is not likely to be admissible. That said, you should still wait to speak until your criminal defense attorney is present.
If you are in need of an experienced criminal defense attorney then you are in need of services from Chambers Law Firm. Contact our offices now at 714-760-4088 and request a free legal consultation.
