Miranda Warning

Hello Again Everyone,
I have a quick question. When being arrested do the police ALWAYS have to read the Miranda Warning? The reason I ask this is I was arrested some years back on a misdemeanor (long involved story, the charges were false and were dismissed) and I was not read Miranda. When I mentioned this to my attorney he blew it off with a comment like “that is only in the movies”. This really confused me as I was under the impression that EVERY person arrested by the police must be read the Miranda Warning and I thought that there has been cases as serious as murder that were thrown out because this wasn’t done.

So, does Miranda only apply in felony arrest? Was my attorney wrong and as incompetent as I think he was? Do I watch too many movies?

Greatly simplified, police don’t read your Miranda warnings to you anytime that you’re arrested, they read them when they’re going to question you while you’re in custody. If they didn’t ask you questions or take a statement, there’s no reason to read you Miranda warnings.

IANAL, but in simple terms, police only have to read you your rights if they want to talk to you. If they don’t read you your rights, they can’t *officially *talk to you, and anything you say unofficially *might *be inadmissible.

In your case, I’m guessing they had enough evidence against you and little enough hope that you would confess that they just didn’t care.

And no murder case has been thrown out *just *because someone hasn’t had their rights read. If the case hinges on suspect testimony introduced by the prosecution, then it might be thrown out, but aside from that, no.

If the police find someone standing over a dead body, covered in blood, in front of a dozen witnesses, carrying a butcher’s knife and screaming “I’m glad I killed him”, the case isn’t going to be thrown out regardless of whether they read the suspect her rights. So long as they don’t introduce any post-arrest testimony from the suspect into evidence the case is water tight. Even if they question the suspect for hours without reading her her rights, the case still isn’t going to be thrown out. In some cases they can even use the evidence obtained from the interrogation in the trial, they just aren’t allowed to *introduce *it, they have to wit for the defence to give them an opening.

Miranda isn’t really required until you become a suspect. Field investigations can ask you anything without Miranda. Once you’re busted, you’re usually not given Miranda until they get you in front of a magistrate. If you run your yap in the car, the cop transporting you will probably tell you to shut up.

I agree with the other posters (except in every jurisdiction I’m aware of, cops will love you to start talking in the car – they’ll just Mirandize you as soon as it starts).

The Miranda warnings have no effect on the legality of an arrest or prosecution generally; they only pertain to certain types of evidence – namely, confessions or evidence obtained as the result of something the suspect told them. They are meant to protect the suspect who is in custody from thinking he is required to answer police questions. They are an outgrowth of the 5th Amendment, which prevents the state from forcing a suspect to testify against himself. The theory is that even if the cops don’t say so directly, the trappings of custodial interrogation tend to make suspects think they have to talk. So, as a prophylactic measure, the cops essentially have to tell anybody in custody that they want to self-implicate that he doesn’t have to do that – that he can just shut up if he wants. But if the cops feel the case will make without a confession, they don’t have to give you the warnings because they aren’t looking to use anything you tell them.

When you hear of someone getting off because he wasn’t Mirandized (whether in TV or real life), the upshot is that the case was based on a confession (or evidence gathered which the cops knew to look for because the suspect told them about it) that was illegally obtained without a warning.

That said, even in live situations of custodial interrogation, the Miranda warnings are likely given much less in real life than on TV. On TV, it’s a cliche. In real life, an allegedly common procedure is for the cops to ask someone to come in, then put him in a room and intimidate him for several hours, asking him questions. If he talks, the cops say it wasn’t a custodial interrogation b/c he was free to leave at any time and, as such, the Miranda warnings weren’t constitutionally required. If he decides to leave, the cops tell him he’s under arrest, and then they do give the Miranda warnings and continue the interrogation. Without knowing more about the matter, I’d say it’s possible the cops may have been running this sort of scheme when you were arrested.

N.B., the Miranda warnings aren’t absolutely required even if the cops want to use confession evidence. The Supreme Court created them out of whole cloth because it felt that something needed to be done to protect defendants’ right against self-incrimination when the cops had so much more power, stagecraft, and ability to learn exactly what the law does and does not allow/require. But if a jurisdiction wanted to do something even more protective of defendants, they could. For instance, if the jurisdiction just gave everyone a lawyer immediately upon arrest instead of merely telling the suspect that they could get one, that would suffice, and no warnings would be required.

–Cliffy

Also, if you’re a terrorist and the authorities have reason to believe there is some continuing immanent threat to the public, they can delay Mirandizing you in order to question you about the ticking time bomb, or whatever.

Apparently this is a relatively recent phenomena.

I am really really far behind in watching Law & Order. I just watched an episode of L&O from several months ago.

Police were questioning a reluctant WITNESS. The witness asked for a lawyer, but they kept questioning. The witness tried to leave the room, but a police officer grabbed his arm and sat him back down. The witness then said something that would incriminate the suspect. In the court room, the judge excluded the witness’s testimony against the suspect because the witness was not Mirandized.

I understand that the suspect’s statements could have been excluded under these circumstances, but a witness’s? Really?

Since the OP’s question has been thoroughly answered, I’m gonna slightly hijack with a related question…

Imagine a situation where reading of Miranda rights are necessary, but the police forget or purposefully don’t recite them. You incriminate yourself while being interrogated. BUT the police can prove that you were read your rights a few years ago for an unrelated case. Would that usually suffice, and allow your statements to be used against you?

Or a slightly different scenario: You are a lawyer or a police officer charged with a crime and you surely already know your Miranda rights. Are they required to inform you of your rights for your subsequent statements under questioning to be admissible? Or would a judge usually just dismiss the necessity of mirandizing someone who definitely already knows their rights?

IANAL, but I’m pretty sure I know the answer to this:

The part I bolded is the key statement. That’s illegal detainment. If they are not going to put him under arrest, then they have to let him go when he indicates he wants to leave. By not doing so, the same protections of being under arrest apply. One has the right to remain silent, and must be informed of those rights.

You can think of it this way: The ability to leave is the difference between being under arrest and not being under arrest. Claiming you are not under arrest yet not allowed to leave is illegal detainment.

That’s what Judge Milton C. Hardcastle was generally all about in “Hardcastle and McCormick.” In the pilot, there’s a scene in his chambers where he tells Mark about a cocaine dealer who was not Mirandized; the cop admitted such in court, and as such the case was thrown out. This was what drove Hardcastle, at least in the early run of that series; it was one of the so-called “technicalities” that he referenced in his mission to go after and resolve 200 cases/criminals who got out of justice on those technicalities.

Yes, but the question here is why the statement was inadmissible against someone else. The exclusionary rule AFAIK only works to protect the person whose rights were violated, not other suspects.

Correct. The correct objection against the statement would be hearsay.

No we don’t. We don’t have to. Unless the suspect is being questioned he/she doesn’t have to be Mirandized. Voluntary utterances are admissible and not protected because of lack of Miranda.

“Created them out of whole cloth” rather overstates the case, I think. Many jurisdictions had something similar used before questioning of prisoners. The Supreme Court just made it mandatory, and fairly uniform, everywhere.

And it wasn’t new – the UK had been doing this for 50-100 years already. I even remember the format “Anything you say will be taken down and may be used as evidence in court” said by the police back in the Victorian days of Sherlock Holmes.