The failure of the police officer to read you the Miranda Warnings simply means the prosecutor can not use statements you made to the police if you were interrogated.
Traffic Stops Generally do not trigger Miranda Warnings
So when a police officer pulls you over a traffic violation the questions the officer asks you about whether you were speeding or drinking does not trigger Miranda warning. In order for the Miranda to apply to your situation, you have to be under arrest. A traffic stop does not constitute an arrest.
How do I know if I am just Stopped?
A stop occurs whenever a police officer uses his or her authority to compel a person to halt, remain in a certain place, or to perform some act (such as walking to a nearby location where the officer can use a radio or telephone). If a person is under a reasonable impression that he
or she is not free to leave the officer‟s presence, a “stop” has occurred.
Whether a person has been seized involves an objective standard. The Supreme Court has stated “[A] person has been „seized‟ within the meaning of the Fourth Amendment only if, in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.” United States v. Mendenhall, 446 U.S. 544, 554 (1980) (plurality opinion). So if you make statements while under arrest the Miranda principle does not apply. You actually have to be under arrest for Miranda to apply.
How do I know If am under Arrest?
Whether a person is under arrest requires you to look out certain factors. No one factor means the person is under arrest but you have to look at the totality of all the factors to consider whether you are under arrest.
a. Whether you are told you are arrest (although it is not dispositive).
b. Physically brandishing of weapons
c. Length of detention
d. Transporting the suspect from the place of the stop
e.The degree of questioning
So do not think just because your Miranda rights were not read that your case should be dismissed. Want more information about your case, give us a call. 202-455-5610
Rollins and Chan Law Firm