Miranda Rights Arrest

Miranda Rights are meant to be read to those being detained by police prior to an interrogation about a crime, or when a suspect is taken into custody. A police officer must be careful in the order in which they question the suspect and read the suspect his or her rights. If care is not given to this, the case could turn out in similar fashion to the decision of Fellers v U.S. Two police officers went to the home of John J. Fellers to arrest Fellers because of an indictment for conspiracy to distribute methamphetamine. The officers relayed to Fellers that they wanted to discuss his involvement in the conspiracy and Fellers subsequently admitted he had used methamphetamine and had also associated with some of the others named in the indictment. Fellers was not advised of his Miranda Rights at this time. The officers then proceeded to take Fellers to jail where he received his

The U. S. Const. amend. IV, states that the rights of the people are to be secure in their homes and person, papers and effects, shall not be violated by unreasonable search and seizure, and no warrants shall be issued unless it is supported by probable cause. [2] Probable cause clearly states that a person, items, and places to be searched must be approved by a judge or magistrate to give officers the legal right to move forward. The U. S. Const. amend. V provides as a safe guard to prevent officials from illegally gathering self-incriminatory statements; therefore, the Miranda warning is issued to provide individuals the right to waive or invoke their constitutional rights to remain silent. [3] Of course, the U. S. Const. amend. VI, provides an individual the right to counsel. [4]

The second relevant point to make in support of the claim that accused people should be read their Miranda Rights is that these rights help avoid self-incrimination. For example, if these rights are not given, any statements made by the accused during interrogation may be turned against him or her while on trial. Additionally, if these rights are not given, the suspect may be pressured into a confession. In short, to maintain a fair and balanced legal system, people accused of a crime should be advised of their

Along with the order in which the police investigate, interrogate and read suspects their rights, officers must be sure that the suspect understands his or her rights. If a suspect lacks fluent use of the English language, an interpreter in the native language is appropriate. Two questions follow the four statement Miranda Rights, these questions are:

Whenever a crime takes place, the police arrive at the scene and must tell the one they arrested the Miranda rights. In world book online: Stanley L. Kutler, Ph.D notes, “Miranda V. Arizona was a case in which the supreme court in the United States limited the power of police to question suspects.” Miranda was a criminal who kidnapped and raped several women. He was not able to understand English very well, for Spanish was his language. When he was arrested, he was interrogated for about two hours. He was not given his rights in Spanish, therefore he did understand what they had told him. This means he was not given his right to an attorney or to remain silent. He then confessed orally and in written form. He then took it to the supreme court.

This decision led to the creation of the Miranda Rule. This rule says that before law enforcement can take an individual into custody, they have to inform them of their 5th and 6th amendment rights. Police now are required to issue this warning: “You have the right to remain silent. Anything you say can or will be used against you in a court of law. You have the right to consult with your attorney before being questioned by the police, and to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed to you before questioning….” If the Miranda warning is not read to the individual being arrested (or any time before being investigated), the evidence acquired during their interrogation is not admissible in court. (384 U.S. 436, 1966.) This case plays such a huge part in the criminal justice system today because people that are unaware of their rights as citizens can be protected. The decision in Miranda V. Arizona is constantly used as precedent today. Two cases that Miranda v Arizona has had precedent over are Missouri V. Seibert and Maryland V. Shatzer.

As a result of the 1966 Miranda case the Supreme Court ruling has now obligated all law enforcement officials in my opinion to inform individuals of their rights that afforded to them the right to council. If once cannot afford council, then one must be appointed. These rights come straight from the Supreme Court rulings. All suspects must be read their Miranda rights once they have been retained for questioning. These famous cases begin with the Miranda v. Arizona following three other cases. All four cases were involving interrogations while in custody. All four cases the defendants were questioned by the police without their rights to councilor the prosecuting attorney being present and not one of their own. At no time was the defendant

     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 speak to an attorney, and to have an attorney present during police questioning, if you cannot afford an attorney, one will be appointed to you by the state. These words have preceded every arrest since Miranda v. Arizona 1966, informing every detained person of his rights before any type of formal police questioning begins. This issue has been a hot topic for decades causing arguments over whether or not the Miranda Warnings should or should not continue to be part of police practices, and judicial procedures. In this paper, the author

As a result of the Miranda case the police must give warnings to all suspects when they have to answer questions related to a criminal case. The Miranda warnings are based on the Fifth Amendment right to be protected from self-incrimination and the Sixth Amendment that gives all suspects the right to have an attorney. The Miranda Warnings consist of telling suspects that they have the right to remain silent, that anything they say can be used against them in a court of law, that they have the right to have an attorney present before and during questioning, and if they can’t afford an attorney one will be provided for them.

The Miranda warning was put in place to help suspects from self incriminating themselves from crimes they did not commit and also helping the police properly apprehend and obtain a criminal conviction with the proper procedure.

The Miranda Rights are national rights to all the citizens in American as well as visitors. In other countries Miranda Rights Exist. Any citizen should be advised that the law grants him the right to respond to the accusation, or not to make any statement on the charges and to consult with denfense cousnel of his choice. He should further be instructed that he may request evidence to be taken in his defense. (Dannemann)

Miranda rights have become a centralized focus in the US media the past decade. From the news media to movies everyone knows their Miranda rights. Charles Jensen poem Miranda rights takes a different look at what some of those meanings, mean towards different groups of people. Miranda rights, is a right to silence warning given by police in the United States to criminal suspects in police custody.

One reason that the majority gave was that the defendant must understand their Miranda rights and that to waive their rights, they must do so by making a statement to the police that was not pressurized. This means that the defendant must talk to the police with their free will. They cannot be intimidated or forced to talk to the police. The defendant must understand that by talking freely to the police, that they have waived their right to remain silent.

The Miranda rights are not explicitly stated in the constitution, however the constitution does guarantee against self-incrimination by the 5th amendment and the right to council by the 6th amendment. Law enforcement officials are run by the department of justice, they are responsible for reading these rights to all people they arrest and in my opinion I feel that the officials do a good job of ensuring that all people they detain are read their Miranda rights.

After the officer finishes and declares that you are driving under the influence you are charged with DUI and placed under arrest. A DUI arrest can lead up to at least 6 months in county jail, $500 to $1000 dollars fine, 12 months of probation, vehicle impound and license revocation from 6 months up to a year. and sentencing gets tougher if there is a minor in the vehicle with you(Tager Law Firm) .