-
During a legitimate traffic stop, police may order the driver and any passengers out of the vehicle. This rule is intended to protect officers' safety, but it's often used for investigatory purposes...
-
Unfortunately, police may sometimes search you even if you refuse consent. If they find anything illegal, you'll have to get a lawyer and fight it out in court, but that doesn't necessarily mean that the search will hold up...
-
No. The courts have made it clear that police officers do not have to tell people that they can refuse to consent to a warrantless search. Also, contrary to the belief perpetuated by popular police television shows, a person will not be read their rights subsequent to being taken into custody. A person only needs to be Mirandized when...
-
The sad fact is that most people believe that they are under some kind of obligation to acquiesce when an officer contacts them and asks permission to search them or their belongings. The truth is exactly the opposite...
-
Yes. Police can, will, and often do lie; especially if it helps them make arrests. The rules regarding entrapment usually tip in favor of law-enforcement, so police won't hesitate to trick you into incriminating yourself or others...
-
Simply put, the number of arrests an officer makes is a major factor used to determine his job performance. Police officers know that the easiest way to make arrests is to find people in possession of illegal drugs, so they want to search everyone they can find...
-
College students suffer from an unfortunate lack of privacy rights in many situations. The university owns the dorm, so school officials can often search rooms at their own discretion. College students still have 4th Amendment rights that apply in other situations...
-
In addition to compromising your safety and the safety of others, driving drunk is one of the stupidest things you can do, and one of the easiest ways to create overwhelming legal problems for yourself. DUI laws vary from state to state, and they have become increasingly harsh over the years...
-
Videotaping or photographing police in public places is usually legal, so long as you don't interfere with their activities. Nonetheless, doing so will often get you arrested...
-
No. If a police officer asks your permission to search, you are under no obligation to consent. The main reason why officers ask is because they don't have enough evidence to search without your consent. Don't expect an officer to tell you of your right not to consent. Any time you consent to a search request you are naively waiving your constitutional rights.
-
Yes. Minors generally have the same rights as adults. For example, minors can refuse searches and decline to answer questions without an attorney present. Nevertheless, minors face unique challenges when attempting to exercise these rights...
-
As a general rule, searches conducted without a valid search warrant signed by a judge violate the Fourth Amendment, but like most rules of law, there are a number of explicit exceptions. In fact, most searches occur without warrants because police take advantage of these exceptions to the Fourth Amendment...
-
Be aware that private security personnel outnumber police officers in the United States by three to one. As a result, you may be more likely to be confronted by a security guard than by a police officer. You must also be aware of the following places where security personnel (governmental or otherwise) are permitted to search you without a warrant...
-
This is a tricky issue. The simple answer is that citizens who are minding their own business are not obligated to "show their papers" to police. In fact, there is no law requiring citizens to carry identification of any kind. Once you get passed the surface, however, things get much more complicated...
-
No. The Supreme Court has never ruled that police must present the warrant when performing a search. The purpose of the warrant is to...
|
Miranda Rights
Miranda v. Arizona [384 U.S. 436, 86 S.Ct. 1602 (1966)]
Ernesto Miranda, a rape suspect, was arrested and taken to the police station. After two hours of questioning, he signed a written confession and was subsequently found guilty. Miranda appealed his conviction on the grounds that prior to confessing, he had not been informed of his Fifth Amendment right against self-incrimination or his Sixth Amendment right to counsel.
The Supreme Court overturned Miranda's conviction, finding that the coercive nature of detention in a police station necessitates certain safeguards in order to ensure that suspects do not naively waive their rights. The ruling held that when law enforcement officers take a suspect into custody with the intention of conducting an interrogation, they must inform the suspect of certain fundamental conditions:
- The suspect has the right to remain silent.
- Anything the suspect says can be used against him/her in court.
- The suspect has the right to an attorney.
- If the suspect cannot afford an attorney, one will be provided at no charge.
The Court imposed these limitations upon law enforcement officers for the purpose of ensuring that criminal suspects do not waive constitutional rights as a result of not knowing how to properly exercise them. This ruling had broad ramifications for all police officers, who have since been required to issue Miranda warnings to all suspects that are taken into custody and questioned.
What you should know about your Miranda Rights:
We are all aware of the contents of the Miranda warning. It is recited on police television shows every day and can be repeated verbatim by most Americans, though often without a thorough understanding of its significance. In short, the Miranda warning is an acknowledgement of the criminal suspect's right to take what is always the best course of action for any arrestee -- to say nothing until you've spoken with a lawyer.
Still, the Miranda warning is frequently misunderstood as encompassing all lawful detentions by police. It should be noted that Miranda does NOT apply under the following circumstances:
- Questions asked at a crime scene.
- Any statements volunteered by the suspect at any time.
- Questioning of individuals for fact-finding purposes.
- Questioning during an investigatory stop.
These exceptions are significant in that they encompass many situations in which police acquire important evidence from suspects who are under no legal obligation to answer questions. In many cases, police officers acquire probable cause to arrest a suspect due to his/her own answers to police questions at the crime scene. Thus the following should be remembered with regards to Miranda warnings:
- If police have arrested you and plan to interrogate you about a crime, they must read you a Miranda warning.
- While this process is often referred to as "reading you your rights" police will only inform you of your right against self-incrimination and your right to an attorney.
- Other than identifying yourself, you are under no obligation to disclose information to the police at any time.
- The right against self-incrimination excludes statements made voluntarily. Anything you say to a police officer of your own free will at any time can be used against you.
- There is no reason to disclose information to the police about your involvement in a crime prior to speaking with a lawyer.
Share this with the world: 
|
|
The 4th Amendment Podcast
|
|