Legal Question in Traffic Law in Ohio

Re: miranda rights

Your Miranda Rights are frequently misunderstood. There is no requirement that you be Mirandized (given the Miranda Rights warning) when arrested. If your Miranda Rights are violated, the remedy is suppression of the evidence obtained as a result of the violation. This is known as the "fruit of the poisonous tree" doctrine. This remedy must be requested via a Motion to Supress. General booking questions may be asked without violating Miranda. Furthermore, Miranda warnings only apply to a custodial situation. Most officers will not, nor need to, Mirandize you.