Miranda Rights During an Arrest in Georgia

When being arrested, a suspect is entitled to be read his or her Constitutional rights. These rights are referred to as Miranda rights, or the Miranda warning.

What Are Miranda Rights?

Miranda rights are a result of the 1966 Miranda v. Arizona Supreme Court decision, intended to protect a citizen’s Fifth and Sixth Amendment rights. The Fifth Amendment protects citizens from not making self-incriminating statements, while the Sixth Amendment protects a criminal defendant’s rights, including being appointed an attorney.

Advisement of Miranda rights is required by law enforcement when placing someone under arrest before any questioning can be conducted. These rights are outlined as the four following statements:

  • You have the right to remain silent.
  • Anything you say can and will be used against you in a court of law.
  • You have the right to an attorney.
  • If you cannot afford an attorney, one will be provided to you.

If Miranda rights are not read to a suspect being placed into custody, any answers to questions asked by law enforcement during the arrest would not be able to be used as evidence during trial.

When Miranda Rights Are Not Necessary

Advisory of Miranda rights is only required by law enforcement during an actual arrest. This stipulation means that first and second tier encounters between law enforcement and citizens do not require such warning.

First Tier encounters are voluntary, casual encounters, such as engaging with one another on the sidewalk, while Second Tier encounters occur when an officer has “reasonable and articulable suspicion” that a crime is being committed. Only a Third Tier encounter, or arrest, requires advisement of Miranda rights.

If you’ve been arrested or believe your Miranda rights have been violated, call Wadkins & Wadkins for help at (706) 221-9451.