Anyone who has watched a crime drama can probably recite the Miranda warning by heart. But what you might not know is that in real life, especially here in Wisconsin, police do not have to read you your rights the moment you are handcuffed. In fact, they might never say those famous lines at all.

This is not a violation of your rights; you might be in a situation where you don’t have to be read them. So, when are Miranda rights required during a Wisconsin arrest?

There are rules regarding when officers are required to read them, and we are about to examine those scenarios.

What Are Miranda Rights?

Miranda rights stem from the 1966 U.S. Supreme Court case, Miranda v. Arizona. Before police question someone in custody, they must inform them of their constitutional rights. These rights include:

• The right to remain silent, and that anything said can be used against you in court
• The right to an attorney
• The right to have one appointed if you cannot afford it

These rights protect you from accidentally saying something that could be used against you later, especially in a high-pressure situation like an arrest.

When Are Police Required to Read Miranda Rights in Wisconsin?

There are two factors that must both be true in these instances. First, you must be in custody, and secondly, the police are interrogating you. What does that mean? Let’s break that down.

What Does “In Custody” Mean?

Being “in custody” doesn’t always mean you are under arrest. However, you’re in a situation where a reasonable person would not feel free to leave. For example:

• You are handcuffed or restrained
• You’re told you cannot leave
• You are in a locked room at the police station
• The tone or number of officers feels coercive or overwhelming

Even if they have not said “you’re under arrest,” if you do not feel free to walk away, that might be considered as being in custody.

What Counts as an Interrogation?

Interrogation is not always a dramatic scene under a spotlight. This can be any police questioning or behavior to get you to discuss the crime. That includes:

• Direct questions 
• Comments designed to guilt or pressure you into confessing
• Subtle prompts meant to make you speak

However, not all conversations with police are interrogations. Under Wis. Stat. § 968.24, when an officer stops you, they can ask for certain information, such as your name and address. Remember that this is not an interrogation, and these routine questions do not require a Miranda warning. 

When Miranda Warnings Are Not Required

When the police are involved, things can get complicated. However, there are several situations in which police do not need to give you a Miranda warning, even if you are talking to them. These include:

• Voluntary statements: If you walk up to an officer and say, “I did it,” without being questioned, your statement may be used without them providing a warning.
• During routine traffic stops: If you are pulled over for speeding and an officer asks if you have had anything to drink, Miranda might not apply at the moment.
• Public safety emergencies: Officers trying to find a weapon or protect lives might question you briefly without reading rights. This is called the public safety exception.

So, what happens if you have not been Mirandized?

What If Police Don’t Read You Your Rights?

Unfortunately, there are plenty of common misconceptions about Miranda warnings. One is that if the police fail to read your Miranda rights, your case gets thrown out. That’s not true. What it does mean is that any statements you made during a custodial interrogation without being warned could be ruled inadmissible in court.

In short, that confession you gave in the back of the patrol car might not be allowed as evidence if Miranda was not properly handled. 

Remember that other parts of the case, like physical evidence or witness testimony, might still be valid.

In these situations, you want to stay quiet and ask for a lawyer, even if you think you are not officially under arrest. If unsure, say nothing until you have spoken to an attorney.

Protect Yourself and Know Your Rights

When are Miranda rights required during a Wisconsin arrest? Under the law, there are specific conditions that must take place. Knowing how those rights apply can mean the difference between a fair trial and one stacked against you.If you’ve been arrested or questioned and think your rights were violated, you need to talk to a criminal defense lawyer. At Melms Law, we are ready to defend you. Contact us today to schedule a consultation.