Questions Posted to "Ask a Dispatcher"
Q. Do patrol officers have to read someone his or her Miranda rights when a person is arrested?
Dear Juneau Resident,
The area of Miranda rights is one of the areas where television has led people astray. Real police officers, at least in Juneau, don't handcuff someone and recite Miranda rights as the person is led to a car. Of course there might be some circumstance where that would be appropriate but it would be rare.
Someone is entitled to be advised of his or her Miranda rights only if in custody and being questioned as a suspect in a crime. In real life, most people are questioned as part of the investigation, when the officer is trying to figure out what happened. Most people who are arrested do not go on to in custody questioning so he or she is not read Miranda rights.