Consequences of Failure to Provide Miranda Warning

Generally speaking, without a Miranda warning, nothing a person says in response to a custodial questioning can be used as evidence against the person at his or her trial. In addition, under the “fruit of the poisonous tree” rule, if the police find evidence as a result of an interrogation that violates the Miranda rule, that evidence is also inadmissible at trial.

For example, if a suspect tells the police where a weapon is hidden and it turns out that the suspect provided this information in response to improper questioning, the police will not be able to use the weapon as evidence — unless the police can prove that they would have found the weapon without the suspect’s statements.

This entry was posted in Police Questioning. Bookmark the permalink.

Leave Your Response

* Name, Email, Comment are Required
*
*
 
*