If you’re stopped by an officer in Mississippi and placed under arrest, there are certain rights that you have according to the law. These are your Miranda rights and must be read in the event that an officer deprives you of any type of freedom or you are under the impression that you are not able to leave the scene.
Your basic rights
Under criminal law, Miranda rights attach as soon as you are arrested or detained. The officer is to inform you that you have the right to remain silent and that you have the right to an attorney. If you’re unable to afford an attorney, then the court could appoint one. Evidence that is obtained during questioning if the officer fails to read your Miranda rights could be thrown out of court.
During an investigation
You can choose to not answer any questions at any time during a police investigation. Keep in mind that giving your name is typically required so that the officer can verify your identity, but you are under no legal obligation to answer any further questions. You can request to have an attorney present while answering questions. If an officer tries to interrogate your after you have requested an attorney or if the officer doesn’t allow you to have an attorney, then any evidence or answers might not be upheld in court.
Under arrest
If an officer has not placed you under arrest or given any indication that you’re being detained, then you are free to leave the scene at any time without answering questions. However, if you have been physically handcuffed or placed in a police car, then this typically means that you have been placed in custody, which would then mean that the officer is to read your Miranda rights to you before any type of questioning.
When you feel as though you are detained by an officer and must stay on the scene or feel as though you could be taken to jail, then your Miranda rights are to be read to you.
