WHAT ARE THE “MIRANDA” RIGHTS?
In 1966, the U.S. Supreme Court decided the historic case of Miranda v. Arizona, declaring that whenever a person is taken into custody, before being questioned he or she must be told of the Fifth Amendment right not to make any self-incriminating statements. As a result of Miranda, anyone in police custody must be told four things before being questioned:
1. You have the right to remain silent.
2. Anything you say can and will be used against you in a court of law.
3. You have the right to an attorney.
4. If you cannot afford an attorney, one will be appointed for you.
Read the historic U.S. Supreme Court decision: Miranda V. Arizona.
What if police fail to advise me of my Miranda Rights?When police officers question a suspect in custody without first giving the Miranda warning, any statement or confession made is presumed to be involuntary, and cannot be used against the suspect in any criminal case. Any evidence discovered as a result of that statement or confession will likely also be thrown out of the case.
For Example, suppose Eric is arrested and, without being read his Miranda rights, is questioned at the police station by police officers about a bank robbery. Unaware that he has the right to remain silent, Eric confesses to the officer regarding the robbery and then discloses to the officer that the money is buried in a field. Seizing upon this tip, the officer seeks out the location of the buried money. When Eric’s attorney challenges the confession in court, the judge will likely find it unlawful. This means that, not only will the confession be thrown out of the case against Eric, but so will the money, because it was discovered as a result of the unlawful confession.
Here is a situation that occurs often where clients ask why they were not read their Miranda rights?
An officer pulls over a Central Michigan University, student along 127 at 3:00am as she heads south for the weekend. The officer approaches the vehicle and asked the CMU student for her identification. Next, the student is asked to step from the vehicle where the officer begins to question her. At this time the officer is observing her behavior looking for slurred speech, bloodshot eyes and alcohol illuminating from her person or vehicle. Next, the question is asked if she has been drinking? to which she replies “yes” (admission of guilt)
To strenthen the case the officer asked the CMU student to perform sobriety tests: heel to toe, counting backwards and standing steady on one leg. A PBT, is given and the officer then tells the student that she is under arrest. At this point the student is placed in the police car and taken to the station. Notice how Miranda rights were not read once she was placed under arrest. If, After, a reasonable amount of time student felt she was not free to leave or told her she was under arrest, says to officer, I just buried 100 pounds of marijuana in a field. THAT statement will not and should not be used against her when the officer finds the marijuana and she is charged. If she was read her Miranda rights and it was shown that she understood them and waived her rights, then the statement and all discovered as a result would be used against her in a court of law. Typically, when someone is stopped by an officer you are not under arrest. All, the officer is doing is an investigation. Most individuals volunteer information during this process. Remember, always cooperate, give your name, address, drivers license, yet remember you have the right to remain silent, use it.
Information for this article was provided by Eric Hoppe.