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Arrests are made when a warrant is issued, if a person is caught committing a crime, or if a police officer has reasonable suspicion that a crime was committed. An arrest simply means detaining a person for a period of time to investigate the crime. If the arrest was based on a warrant, the warrant gives any law enforcement officer... more »
Despite the depictions of crime scenes on TV as being littered with evidence, police and prosecutors will often tell you that most investigations are made or broken at the interview phase. Interviewing witness and suspects is a crucial component of any investigation, and knowing the basics of criminal interviews can go a long way... more »
The concept of mutual agreement spans the spectrum of meanings and complexity. A mutual agreement can be as informal as you and your partner agreeing to go to the ice cream parlor for a cone. If you've been married, you have experienced firsthand what a mutual agreement is all about. Two parties enter the legally binding contract of... more »
The US Constitution and Bill of Rights give each American citizen protections under the law. In 1966, the US Supreme Court ruled that law enforcement would be required to remind citizens of their protective rights when being placed under arrest. This is called a Miranda Warning. As a US citizen, you can use your Miranda Rights to... more »
"Miranda Rights" is the common term for rights granted to US citizens under the Bill of Rights and the Constitution. Citizens must receive a Miranda Warning, or an explanation of these rights, before they can be questioned or placed under arrest, as decided by the Miranda v. Arizona ruling of 1966. You can defend your legal rights by... more »
When a teenager takes the car of their parent or someone they know without permission, it may seem like a small infraction. But it is a crime.... more »
Assault is defined as the intent to frighten someone into thinking he or she will face bodily harm, or the intent to commit battery with more than... more »
The possession, distribution and sale of heroin is a grave criminal offense in the state of Florida, which has targeted drug trafficking in an... more »
A Miranda warning is a warning given by police in the United States to criminal suspects in police custody, or in a custodial situation, before they are interrogated. A custodial situation is one in which the suspects freedom of movement is restrained (judged by the "free to leave" test), even if he is not under arrest. An elicited incriminating statement by a suspect will not constitute admissible evidence unless the suspect was informed of his/her "Miranda rights" and made a knowing, intelligent, and voluntary waiver of those rights. However, a 2004 Supreme Court ruling upheld state "stop-and-identify" laws, allowing police in those jurisdictions to require biographical information such as name, date of birth, and address, without arresting suspects or providing them Miranda warnings.
The Miranda warnings were mandated by the 1966 United States Supreme Court decision in the case of Miranda v. Arizona as a means of protecting a criminal suspects Fifth Amendment right to avoid coercive self-incrimination (see right to silence). The reading of the Miranda warning might be omitted during arrest, such as if the evidence is already sufficient to indict, or if the suspect is talkative and volunteers information (without being asked). The admissibility of conversations, as evidence, is judged on a case-by-case basis, subject to appeal.
Miranda rights
The Supreme Court did not specify the exact wording to use when informing a suspect of their rights. However, the Court did create a set of guidelines that must be followed. The ruling states:
As a result, American English developed the verb Mirandize, meaning "to read the Miranda rights" to a suspect (when the suspect is arrested).
Notably, the Miranda rights do not have to be read in any particular order, and they do not have to precisely match the language of the Miranda decision, as long as they are adequately and fully conveyed. California v. Prysock, ..
Typical usage
Ever read more at » http://en.wikipedia.org/wiki/Miranda+warning
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