The reading of perpetrators’ Miranda Rights that requires law enforcement officers to let everyone held for custodial interrogation know of their civil rights to:
1) remain quiet;
2) call a lawyer and discuss this case before speaking to Police; and
3) that any declarations they supply to cops after waiving these rights can and will be used against them in court.
This caution has been played out hundreds and most likely countless times on tv shows, but does anybody honestly know when the police need to read you your Miranda Rights and when they can apprehend you? This short article sheds some light on the subject.
Before I continue, I need to advise you that this article is not intended to offer legal guidance. It is for informational purposes only. If you are confronted with a circumstance where you think this short article might apply, please get in touch with a lawyer and talk with them.
Only they will have the ability to examine your particular circumstance and have the ability to encourage your ways to act effectively.
As an example, let’s presume you are driving down the roadway. You’ve had some beers throughout the day and smoked some marijuana. On your way home, a policeman sees you and notice you are swerving from lane to lane. Because he thinks you may be driving under the influence, he pulls you over to examine.
After approaching the car, the officer instantly notices you are not your regular self. After a very brief time, he decides to apprehend you for driving under the influence. But before arresting you, he asks you to carry out some field sobriety tests, which you fail. After apprehending you, he puts you in the car, takes you to the station, and carries out a blood test to confirm that you are under the influence of alcohol.
At no time does he give you your Miranda rights. You are then charged with driving under the influence of drugs and alcohol.
In the example above, the man was free to leave the minute the officer turned his lights on? If not then, what about the time the officer identified he was going to detain the person but continued to ask him to carry out field sobriety tests? If not then, undoubtedly it happened when he was in fact jailed and put in the back of the car?
But the test is what any person would anticipate paired with the officer’s task to examine criminal activities. Although changed recently by current case law, in the past this person would not have been needed to get Miranda rights until he was put in the car.
That is not to say that he needed to cooperate with the cops. He might have invoked his right to silence and asked to speak to a DUI lawyer right after he supplied his license and registration if requested by the officer (there is an expectation that you offer your license and registration if driving a vehicle).
So, what is the lesson here? Even if you have not been provided Miranda does not mean your declarations will be taken as proof.…