Tag: Miranda Law: Page 4

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Exclusive: What the Supreme Court's New Miranda Decision Means to You

This significant new decision firmly establishes that once a suspect has received the Miranda warnings and indicates that he understands his rights, officers are not required to ask whether he wishes to waive or invoke but may simply start asking questions about the case.

June 2, 2010

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Supreme Court Votes 5-4 to Loosen Miranda Rules

The court said the suspect had the duty to invoke his rights. If he failed to do so, his later words could be used to convict him, the justices said.

May 31, 2010

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Miranda Warning Issues

Miranda warnings are triggered by a simple formula: Custody + Interrogation = The requirement for Miranda warnings. A motorist is not in "custody" for Miranda purposes when he or she is detained for an ordinary traffic stop.

May 10, 2010

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How It All Began: Miranda v. Arizona

The genesis of the Miranda warnings can be traced to March 13, 1963, when Ernesto Arturo Miranda was arrested by officers of the Phoenix Police Department for stealing $4 from a bank worker and for the kidnap and rape of another woman.

May 10, 2010

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Rewriting the Edwards Rule

The Edwards rule applies to all officers and all cases - not just to the case on which the suspect invoked the right to counsel.

May 6, 2010

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Miranda Wording

One indication of the enduring misunderstanding of the Miranda jurisprudence is the fact that after 44 years, state and federal courts continue to litigate the adequacy of dozens of variations of the particular wording used by officers - and continue to get reversed by the Supreme Court.

March 31, 2010

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Supreme Court Validates Tampa PD's Miranda Warning

Kevin Dewayne Powell, who was arrested in August 2004 on a charge of being a felon in possession of a firearm, informed officers he possessed a handgun, after police recited their standard Miranda warning to him.

February 22, 2010

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Premature Miranda Warnings

Give Miranda warnings just before commencement of apparent custodial police interrogation-not sooner. Leave Hollywood tactics to the actors.

December 13, 2009

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Sixth Amendment Waivers

It will now be possible for law enforcement officers to attempt to obtain a waiver and an admissible statement from a defendant without running afoul of the Sixth Amendment.

August 6, 2009

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Non-Custodial Stationhouse Interrogations

Because warnings are only required prior to custodial interrogation, one way to minimize the adverse impact of Miranda on investigations is to try to conduct interrogations whenever possible in non-custodial settings.

December 31, 2008

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The Young and the Arrestless

Notwithstanding the explosion of youth criminality, the court has largely continued to treat juvenile offenders in a more lenient and paternalistic fashion than adults.

November 30, 2008

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Pinpointing the Right to Counsel

Ever since the 1964 U.S. Supreme Court decision in Massiah v. U.S., it has been the rule that any statements about a crime that were deliberately elicited from the suspect by a government official or undercover agent, after the Sixth Amendment right to counsel had “attached” and been asserted, could not be used at trial to prove guilt.

July 31, 2008