MIRANDA RIGHTS: WHAT ARE THEY AND WHEN DO THEY APPLY?

We've all seen the depiction in TV and Movies, the police arrest their suspect and begin reciting their Miranda rights - "You have the right to remain silent. Anything you say can and will be used against you in the court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you." But where do those rights come? When are they required? How are they invoked? This post will act to give a surface level answer to these questions.

WHERE DO THE MIRANDA RIGHTS COME FROM?

If you read through the code of laws of the United States or the Constitution and its Amendments, you will not find the Miranda Rights listed anywhere. So where do they come from? They are actually derived from the 5th Amendment to the United States Constitution and were listed out in a United States Supreme Court Case from 1966, Miranda v. Arizona, 384 U.S. 436 (1966). In that case, the US Supreme Court held that the 5th Amendment protection against self incrimination was applicable to the states through the 14th Amendment, and in order to protect an individual's right against self incrimination, the Court held that a list of warnings must be given to individuals in custody before any interrogation can begin. Those warnings are now known as Miranda Rights.

WHEN ARE MIRANDA RIGHTS REQUIRED?

Many people are under the impression that any time someone is arrested by the police they are required to be read their Miranda Rights immediately or anything they say to the police would be deemed inadmissible. However, that is not the case. As described in Miranda v. Arizona and its progeny, the police are only required to provide your Miranda Rights before any custodial interrogation. A custodial interrogation has two elements, that you are in police custody and that you are being questioned. If both of those elements are satisfied then the police must read you your rights, otherwise your statements may be inadmissible at court. There are a few specific exceptions, such as if there is an emergent threat to public safety or for general questions involving identification, such as your name or age.

It is also important to note that these rights only needed to be conveyed before a custodial interrogation, so if an element is missing, your Miranda rights need not be read. As such, If you are not currently under arrest and the police are just asking you questions, they would not need to read your rights and anything you say could be used against you. For example, if you were asked to go down to the police station for an interview and voluntarily agreed to do so, those statements would be admissible. Likewise, if the police determine that they do not intend to question you, they do not have to read you your rights. For example, an officer could arrest you and place you in the back of their squad car without reading your Miranda Rights because they do not intend to question you at the time. If you then started confessing or making statements about the alleged incident or crime, without the police prompting you, all of those statements would be admissible.

HOW DO YOU INVOKE YOUR MIRANDA RIGHTS?

Invoking your Miranda Rights is something that you can do at any time before or during a custodial interrogation. There is not some magic phrase that must be said to invoke your rights, the Court in Miranda v. Arizona held that if an individual expresses their intent to assert their rights in any manner, then questioning must cease. That means you could refer to it as your Miranda right to silence, your right to remain silent, your right to counsel, or even your 5th Amendment rights. However, it is important that you express your intention to assert these rights with a statement because the act of doing so can provide you with some relief. For example, if you are in a custodial interrogation and merely remain silent, the police will be able to continue asking you questions regardless of your silence. However, if you state that you are asserting your 5th Amendment right to remain silent, the police must immediately stop questioning you. Likewise, if you state that you are asserting your 5th Amendment right to an attorney, the police again must immediately stop questioning you until your attorney arrives.

Importantly, even if you have given some answers to police after being read your Miranda Rights, that does not mean you entirely waive your 5th Amendment protections. If at any point during the proceedings you invoke your 5th Amendment rights, those protections will apply to any statements made after that point. Likewise, it is important to note that after you invoke your right to remain silent you can subsequently waive that right by requesting to begin questioning again.

Navigating your rights when in custody is a complicated and complex endeavor as there are multiple exceptions to the rules and this article in no way encompasses all those exceptions. Your best bet when you have further questions is to contact a knowledgeable attorney who is able to help make sure your rights are protected.

Tinger Law Firm is available to answer those questions and to help ensure your rights are protected. You can contact us through our website or by calling us at (949) 402-4857.