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We all have seen the movies and cops on saturdays advising people of thier Miranda rights, but most of us dont know what they mean and what they entail. I can assure you, most cops take advantage of our ignorance on this subject and try to seal their evidence/case. I will hopefully help you understand what your rights are, in layman terms.
FIrst the decision came from Miranda VS. Arizona a few decades ago. For the most part Miranda is not a civil right, meaning it is not including in the Bill of Rights (first 10 amendments), however about one year ago, Case law determined that it was a civil rights violation if a cop violated Miranda, he would be liable for a civil rights vioilation, 5th amendment against self-incrimination. Recent court decisions have overturned that.
First Cops are not required to advise you of your rights. A lot of people believe that once you are arrested they must tell you your rights (juveniles are an exception. They must be advised of Miranda as soon as practical after they are arrested). They only time a cop has to advise you of your rights is if you are in legal custody/arrested AND he/she interrogates you about a crime they believe you committed.
The exact wording of your rights vary but must include the following
1-You have the right to remain silent........That means you dont have to talk.
2-Any thing you say can and will be used againts you...... If you are stupid enough to talk, it WILL be written down or video taped and used against you, even if it locks you into a statement. Once you make that statement, it is with you forever.
3-You have the right to an attorney and the right for that attorney to be present before or during any questioning.......This is perhaps the most important part. You have the right to an attorney during any police interrogation and you MUST use this right afforded to you!!!!!!!!!!!!!!!
4-If you cant afford to hire an attorney, one will be appointed to you...... The good old public defender
Then next step is the cop will ask you if you understand your rights. If you do, just say yes, if not tell him no.
Some cops will ask you, "Given these rights in mind do you want to talk to me", or He may ask if he can ask you some questions or he may just start asking questions. This is where the important part comes in from part 3. You should say, "I want to speak with my attorney". You are now Kings x at this point. The cops must cease all questioning. If they dont, all evidence, statements will be suppressed (thrown out) of court. This is important. You must say, I want an attorney. If you dont, you are an idiot.
Now Miranda does not include certain questions such as name, date of birth, address etc. You are required to give that information upon a legal arrest. If not you will not be released until you are identified and they can add another charge. This also does not include the sobriety testing and blood alcohol test for DUI's.
If you have any questions about this just email me or pm me. This is just simple break down and does not include the entire decision and there are several caveats.
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03-07-2004, 06:28
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