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Sixth Amendment

50 Years After Miranda

Officers on the job before 1966 knew that the right to remain silent was guaranteed by the Constitution, but no officer from that era ever thought it was his job to remind offenders of their rights. That changed with the arrest of Ernesto Miranda in March 1963 and the landmark U.S. Supreme Court decision that followed.

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The Miranda Arrest: 50 Years Later

In March of 1963, Phoenix Police Officer Carroll Cooley arrested Ernesto Miranda. Fifty years later, Miranda warnings are as much a part of policing today as a set of handcuffs.

'Don't Talk To My Client!'

The Constitution does not forbid you to talk to a person just because that person has an attorney, or just because the attorney tells you not to do it. Instead, the law focuses on whether the suspect is willing to talk without his or her attorney present.

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.

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.

Sixth Amendment Revisited

Plaintiffs’ attorneys may now seek to maintain lawsuits against officers and their agencies for eliciting incriminating statements from a defendant in certain situations.

Right to Counsel

Law enforcement officers are quite familiar with the court-created "right" to counsel established by the Miranda opinion, to protect the Fifth Amendment trial privilege against compelled self-incrimination. But it applies only during police custodial interrogation.

Hearsay and Confrontation

Hearsay rules confound police, lawyers, and judges alike. "Hearsay" is a statement made outside the courtroom that might be true or false, repeated in court to prove that it was true.

Massiah Vs. Miranda

Miranda, Miranda, Miranda. Sometimes, we spend so much time on this one aspect of interrogation law that we tend to forget there are three other constitutional tests of admissibility of a suspect's statement.

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