question.jpgIn Criminal Law

Is all evidence procured due to lack of Miranda warnings excluded?

No. Although, it is true that if a police officer puts you in custody and fails to give you Miranda warnings, your statements cannot be used against you later, in some instances the “fruits” (evidence obtained as a result of the statements) can be used. These instances most frequently include: 1) the public safety exception, which says that a police officer can question a suspect without giving Miranda if the interrogation is necessary to the discovery of a weapon in the vicinity; 2) tangible evidence obtained as the result of un-Mirandized statements (such as the proceeds from a theft, or threatening notes) can generally still be used; and 3) the “inevitable discovery rule,” which states that if police would have ultimately found tangible evidence on their own, then the evidence is still admissible, even if the evidence is obtained as the result of statements given by an un-Mirandized suspect.