It is critical to an individual’s ability to successfully navigate the criminal justice system to understand applicable Minnesota laws, along with federal laws and constitutional rights that are relevant to a specific case. It is never a good idea to act on a presumption, such as believing that police may or may not do something because it is a popular myth. For example, many people believe that a police officer must issue a Miranda warning before putting handcuffs on someone or taking a person into custody.
Police in Minnesota and anywhere else in the country are not required to issue a Miranda warning before an arrest. The term “Miranda warning” refers to certain things police officers must inform people about when they have been taken into custody or deprived of their freedom and are about to be interrogated. The key factors here are that the individual has been taken into custody or deprived of freedom, and an interrogation is imminent.
Minnesota police can arrest someone without issuing a Miranda warning
Some people have accused police officers of violating their legal rights after taking someone into custody without issuing a Miranda warning. There is nothing unlawful about this. While police must establish probable cause to make an arrest, they are not required to issue a Miranda warning unless the two elements mentioned in the previous section exist — the individual has been taken into custody or deprived of their freedom, and an interrogation is going to take place.
A Miranda warning informs an individual that they have specific rights. A Minnesota police officer must state that the person has a right to remain silent. The person must also be told that he or she has a right to obtain legal representation and that the court will appoint an attorney if the person does not have the financial means to hire one. If someone has been arrested and has questions regarding a Miranda warning, they may request a meeting with a criminal defense attorney.
