Legal Question in Criminal Law in Minnesota

Yes. The failure to advise someone of their Miranda rights, if an issue at all, relates only to the admissibility of any statements that were made or any evidence obtained as a result of those statements.

On television the first thing that happens when someone is arrested is they are read their Miranda rights. While that makes for drama, the law doesn't require it unless the police also intend to interrogate the suspect.

Yes. If the gvernment obtains a statement from the accused illegally, that evidence should be suppressed upon defense motion and ruling of the judge. But if the government has other evidence that the accused committed a crime, the government can use that other evidence.

Many people believe that they must be read miranda rights when arrested or questioned. That is not true. Miranda rights only need be read when two circumstances are present - (1) the person is in custody; and (2) an interrogation occurs. You can be interrogated without being custody and you can be in custody without being interrogated.

"Custody" is defined by case law to be whenever a reasonable person would not feel free to leave based on the circumstances. They need not be arrested. Interrogation means they are asked questions. If they are arrested and no questions are asked, there is no need for Miranda. If miranda is not read and a custodial interrogation occurs, that does not mean a case is dismissed. Instead, it is a basis to file a motion to suppress and statements made and any evidence that results from that interrogation. If there is sufficient independent evidence to proceed after that, the case may still go forward.