The Miranda Warning
What is the 5th amendment
Protects people from being forced to testify against themselves in a criminal case.
Before questioning begins a person must do this after hearing the Miranda warning
understand their rights
Documentation-
officer should always take note whether a person has waived or invoked their right to silence or right to counsel.
Public safety exception-
No Miranda warnings are required if an officers question is to ensure safety
In what year did the supreme court rule that suspects must be warned before questioning.
1966
these are 2 main rights protected under Miranda warnings
the right to remind silent and the right to have a lawyer
Miranda rights are also applied to juveniles and they must be read upon custody
Who's safety should an officer ensure?
Safety for the victim, third party or public
Miranda warnings are only required when these 2 conditions happen together
what are custody and interrogation
this is the first step in the Miranda process
the officer gives the warning
Juveniles in custody-
Minors under 15 in California must consult with an attorney before custodial interrogation
Miranda not apply-
to person holding a wounded hostage at gunpoint
This term means being under arrest or treated like you are under arrest
What is custody
after understanding the warning a person must do this with their rights
waive (give up) or invoke (use) their rights
Suspects may re-initiate or express a desire to-
a statement, even though they earlier invoked the right to silence or counsel
Miranda not apply-
Where an armed person inside a market was asked where he discarded his gun
Police don't have to give Miranda Warning if this is not happening during a stop
what is interrogation
name all 3 parts of the Miranda process
officer gives the warning, the person understanding it, and the person waviing or invoking their rights.
Why should an officer document?
a person has waived or invoked their right to silence or right to counsel.
True or False, Does Miranda apply to everyone?
No