Miranda was a suspect in a rape in Arizona in the early 60's He was arrested and interrogated then confessed. He appealed all the way to the Supreme Court re: not having a attorney present before questioning. He won and we have the Miranda Warning.
I need not read any arrestee his/her rights....ever... thats right! I dont have to even talk to them outside of saying your under arrest for whatever, and booking questions.
Miranda is misunderstood by almost everyone, even coppers. First I need only Miranda if I am going to question someone about criminal activity AND they are not free to go.
The term is "custody and questioning."
If I am talking to you in your house I can ask any question I want until I "detain" you in some way. Its your house you can ask me to leave. Even if you quote Miranda to me verbatim and say you want a lawyer I can still keep talking and asking questions. Its OK, your not in custody. Once you tell me to leave or make an overt act I either have to go or detain you. Then Miranda starts.
A valid Miranda waiver consists of properly advising the suspect of her Miranda rights and obtaining a waiver of those rights.
The basic rights are:
1. You have the right to remain silent.
2. Anything you say can and will be used against you in a court of law.
I can stop there if I wish, this is called partial Miranda. Its basically telling you to watch what you say. The second part is the questioning part.
3. You have the right to speak to an attorney and to have an attorney present during any questioning.
4. If you cannot afford an attorney, one will be provided for you free of charge.
And last if I want to question you this is "the waver"
1. Do you understand these rights?
2. Do you wish to give up these rights and speak to me at this time without a lawyer being present.
A yes to both completes the waver, a no to either and I have to stop questioning.
And Miranda does not apply to such questions as name, address, booking questions, or DUI tests.
