If an officer arrests as suspect but does not intend on questioning the suspect (therefore does not read the Miranda Warning), what is the procedure if the suspect starts talking to the arresting officer and unknowingly makes comments incriminating himself?
Mr Placid
Favorite Answer
It's called tough sh*t for the suspect. As you correctly pointed out, Miranda applies to QUESTIONING. Miranda is not implicated when suspect blurts out statements that are not in response to any prodding by a police officer.
Anonymous
Nothing. If the officer isn't questioning, then the confession is valid.
Don
the officer can always go into court and lie they do it all the time...besides you started talking no miranda needed