| The more you know, San Diego! You will often hear someone complain that the police didn’t read them their Miranda rights, such as the right to counsel and the right to refuse to answer questions. This, most people assume, means that any statement they make to the police can’t be used against them if they are charged with a crime. Some even erroneously believe not having their Miranda rights read to them must result in the entire case being thrown out. In this video, our Founder & CEO David P. Shapiro explains the specific circumstances that must exist in order for evidence to be excluded under Miranda. Simply stated, you need to be (a) in custody and (b) interrogated in order for Miranda to apply. If, for example, you come into contact with the police as a result of a traffic stop, and as the officer approaches your window you tell the cop you know you were speeding, that will be admissible if you go on trial for speeding. While you may have been temporarily detained by virtue of the stop, there was no interrogation. Similarly, if you are arrested for assault, handcuffed and brought to the police station, you are certainly in custody. You are placed in a room with an officer, no Miranda warning has been giving, and before questioning begins, you tell the officer you’re sorry about what you did. While that statement may or may not be an admission of guilt depending upon the circumstances, it will not be deemed inadmissible under Miranda since the interrogation has not yet commenced. | 
