Have you ever wondered what your rights are if you ever
find yourself in police custody? The answer lies in Miranda rights, which help
ensure a fair legal process for any arrested person. Understanding your Miranda
rights can empower you with the awareness you deserve. Let's delve into
everything you should know about Miranda rights.
Where the Miranda Rights Originated
Miranda rights were formed in response to the historic
Supreme Court case Miranda v. Arizona. The police took in Ernesto Arturo
Miranda, the suspect, for questioning after suspicion of his involvement in a
felony. He eventually confessed without being advised of his rights under the
Fifth and Sixth Amendments to the United States Constitution.
Later, on appeal, his attorney argued that Miranda had been
deprived his Constitutional rights, and the judge agreed, ruling that his
testimony should be thrown out. Due to this ruling, suspects must now be read
their rights under the law before police interrogation.
What Rights You Are Reminded of in the Miranda
Warning
The Miranda Rights ensure that anyone who is suspected of a
crime is informed of their right to stay silent, the possibility that any
statements made could be utilized against them in the courtroom, the
availability of legal counsel, and the guarantee of free representation for
those who qualify under the ruling's impoverished conditions exception.
Before questioning a suspect, law enforcement must ensure
that the individual acknowledges and comprehends the Miranda Warning and has
had an opportunity to ask questions.
When Police Should Inform You of Your Miranda
Rights
The United States Constitution mandates Miranda warnings
whenever law enforcement takes a person into custody or interrogates them. To
be in custody is to be under arrest or deprived of the freedom to the same
extent as under arrest. Interrogation refers to direct questioning or other
measures to get a guilty confession out of the subject.
Once a police officer has established probable cause to
apprehend or if the suspect becomes the subject of a criminal investigation,
the defendant is no longer entitled to Miranda warnings as a component of the
arrest process under the United States Constitution.
This provision exists because Miranda warnings are only
mandated in cases when officers perform interrogations while detaining
suspects. To qualify as interrogation, the person in question must be in a kind
of detention where they cannot leave at any point and must be exposed to direct
questioning or other activities designed to obtain a confession.
A police officer giving Miranda warnings must convey the
warning's essentials to the suspect. They have no obligation to use any
particular magic words or recite the Miranda warnings word for word.
The defendant's remarks will be permitted in court if they
have conveyed the core of the requirement. The crucial issue is that if the
police want to utilize any remarks made by a suspect while in detention as
proof at trial, they must first read them their Miranda rights.
What Happens When Officers Do Not Inform You of
Your Rights
Statements made by a suspect while under police custody are
inadmissible as evidence if the officer failed to inform the suspect of their
Miranda rights. However, courts can still use comments made with no Miranda
warning under certain circumstances. This involves bringing up the suspect's
words during sentencing or using them to cast doubt on the defendant's
reliability.
Authorities can also use the suspect's words against them
if they lead to tangible proof or a witness. Lastly, if police have probable
cause to believe a suspect is armed and dangerous to the community, they can
question them without reading their rights.
Previously, a suspect arrested and interrogated before any
officer read them their rights could sue the agent. However, the Supreme Court
ruled that suspects cannot sue authorities for a breach of civil rights simply
because they were not given a Miranda warning.
If
you or a loved one ever find themselves in a legal problem that requires
representation, contact us at
Mark J. Geiger, Attorney at Law, for attorney services in Salem, OR, and
the surrounding areas.
