Right to Remain Silent
The right to remain silent is one of the most important rights that criminal defendants are afforded.
HISTORY OF MIRANDA:
The right to remain silent arose from Miranda v. Arizona, where Ernesto Miranda, a Mexican immigrant living in Phoenix, Arizona, was identified in a police lineup by a woman, who accused him of kidnapping and raping her. Mr. Miranda was then arrested and questioned by the police for two hours until he confessed to the crimes.
From this case Miranda warnings arose which refers to the requirement that once an individual has been detained by the police, the police must inform the detainee:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
BASIS IN THE 5TH AND 6TH AMENDMENT
Miranda warnings stem from the Fifth Amendment privilege against self-incrimination and the Sixth Amendment right to counsel.
MIRANDA WARNINGS ARE IMPORTANT:
Miranda warnings are very important because without such warnings, incriminating statements made by a detainee may be inadmissible at a criminal trial.
WHEN ARE MIRANDA WARNINGS REQUIRED?
Miranda warnings are required when an individual is in:
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Custody and
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A person is in custody if a reasonable person in the suspect's position would understand that he is in custody OR is being deprived of his freedom of action in a significant way.
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Subject to interrogation.
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This is either express questioning by the police or any words or actions on part of the police that the police should know is likely to get you to give an illicit response.
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NO MIRANDA WARNINGS ARE REQUIRED ON A TRAFFIC STOP
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The Supreme Court of the United States has held that traffic stops are not custodial for purposes of Miranda and therefore no Miranda warnings are required.
SUPPRESSION OF THE STATEMENTS:
When such statements are given without Miranda warnings, an attorney files a motion to have a suppression hearing. This hearing is an attempt to remove the statement from evidence.
If you believe that the police have violated your Miranda rights, call me immediately. Suppression motions are time-sensitive and require tedious review.