Must police say the entire Miranda Warning when making an arrest?

Answer 1

They don't have to say anything, or any part of the Miranda warning when making an arrest.

Miranda warnings are required only before custodial interrogation, that generally means an

arrest and interrogation while arrested.

Even then if police fail to do that, the only gain to the suspect is any incriminating statements

will be suppressed, but only in the prosecutor's case in chief. The suspect still can't

get on the stand and say something different from what he said when not Mirandized, without

opening the door to the prosecutor to cross examine with prior inconsistent statements such

as the suspect made when not given Miranda warnings.

Even then police may lie and pretend they gave Miranda warnings. But then they may

also lie and say the suspect confessed when he really didn't.

Miranda may seem to let guilty suspects go free, but since the Supreme Court required

Miranda warnings, there are more exceptions that allow the confession into court than

most people realize.

To have confessions admissible that were made during custodial interrogation, the

Miranda warnings need to be given, warning the suspect that he has the right

to remain silent, that anything he says may and will be used against him and the right to an attorney and

that an attorney will be appointed for him

if he cannot afford one. Do you understand these rights? If so, do you wish to speak to me?

If the suspect says he doesn't understand the rights, does not want to talk or wants an attorney, the interrogation has to end. If it doesn't end, the incriminating statements are not admissible, at least

not in the prosecutor's case in chief. Most police read the warnings off a card, to make sure they

covered all the rights. Otherwise, less than the entire Miranda warning may be inadequate.