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When Does the Miranda Warning Not Apply in Florida Criminal Law?

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Do not underestimate the importance of being read the Miranda warning if you are arrested. If the police fail to read you your Miranda rights, whatever you say to them cannot be used as evidence in the case against you.

However, there are cases in which the police are not obligated to read you your Miranda rights. As explained in the video, answering questions immediately after a crash during the investigation of that crash is one of those cases. A temporary detainment for routine questions—such as an on-the-scene accident investigation—normally does not trigger Miranda protection.

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What Are Some Other Exceptions to Miranda Rights?

  1. The person has not been arrested yet. The Miranda warning is only in effect during a custodial interrogation. This means a person has been taken into custody and the police have read the person their Miranda rights in order to use that person’s statements as evidence at trial. However, if a person issues statements to the police before they are arrested or taken into custody and is later charged with a crime, those statements can be used in their trial, regardless of whether they have been read their Miranda rights.
  2. The person is being charged with loitering. In Florida, a person can be charged with loitering if they are wandering around a place and behaving in a way that raises alarm for public safety. If the police suspect someone of loitering, they can demand to see some form of identification and for the individual to explain their actions. If the person refuses to talk, they can be arrested for loitering.
  3. The person has been stopped for a suspected traffic violation. As Florida defense lawyers we deal with many traffic cases. We see numerous cases where people are stopped for traffic violations and feel their rights to “remain silent” have been violated. During a roadside traffic stop, a police officer can ask to see a driver’s license and vehicle registration, and ask questions regarding identification. A roadside stop is not considered custodial and law enforcement are allowed to ask routine questions.
  4. Public Safety Exception / Terrorism: This exception is triggered when national security is at stake, or law enforcement has reasonable need to protect the public from immediate danger. Miranda warnings are not required prior to asking questions directed at subduing an imminent threat, and voluntary statements made in response to such specific questions can be admitted at trial.

If you have been questioned by the police, and feel that your Miranda rights were violated, you may want to contact a criminal defense lawyer in order to best determine if this violation constitutes a reasonable defense.

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The Orlando divorce lawyers at TK Law are deeply committed to the individuals and families they serve. We are here to help you resolve each legal concern so you can regain control and move forward with your life. You will also have a steadfast, accomplished advocate in your corner to fight for what matters most if a dispute goes to trial.

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