The United States Supreme Court has recently taken action to restrict the famous "Miranda Criminal Warnings." The Supreme Court rulings will impact police procedures. Police will have more leeway in the questioning of suspected criminals. Police Questioning The Supreme Court has not eliminated the Miranda warnings which are, "You have the … [Read more...]
Should Terrorist Get Miranda Warnings?
Miranda warnings given to individuals arrested in th United States are given based upon the United States Supreme Court's decision in Miranda v. Arizona. The Miranda warnings require the police officer, FBI agent or other governmental arresting officer to advise the arrestee that anything they say or do could be held against them, that they have a … [Read more...]
In Prison, But Not “In Custody”???
We advise our clients not to say anything to police officers if they are pulled over, or are taken into custody. Even seemingly innocuous answers to carefully crafted questions like "Do you know how fast you were going?" or "Are you dealing with some sort of emergency?" can be used to clinch a conviction in what may otherwise been a weak case … [Read more...]
A Problem (And Solution) With the Miranda Right to Counsel
Our office maintains a significant criminal defense practice and therefore the issue of police Miranda violations is of great interest to the firm. Miranda v. Arizona established a "Miranda right to counsel" during custodial police interrogations, purportedly based on the Fifth Amendment. One problem with the Miranda decision is that the Sixth … [Read more...]