Page 234 - Beers With Our Founding Fathers

Beers with our Founding Fathers

make a person aware of their right against self-incrimination and to

have counsel. It is applicable only if: 1) The subject is under
custodial arrest and being interrogated; and 2) Interrogation is not

simple questioning or a methodology, it is specific to elicit an
admission of guilt. The courts have ruled that a traffic stop is only

being detained – these and similar detention stops do not require a
Miranda Warning. When you see someone arrested on television or

in the movies, the arrest alone is not a requirement for them to be
‘Mirandized’. In fact, law enforcement would rather have that

window for the arrestee to talk all day (known as diarrhea of the
mouth). If the subject is free to leave or is only being interviewed

and not interrogated, the Miranda Warning is not required. When
the Miranda Warning is given, there must be an acknowledged

understanding of the rights. If waived, a clear waiver must be
obtained. There is also an exception in the exigency of concern for

public safety (i.e. an imminent bomb threat). Although the
advisement is not required until custodial arrest and interrogation,

the right to exercise them can, and should be, invoked any time
prior to such time. The subject has the right to invoke these rights

at any time before, during and after any questioning. These
warnings are important because they inform and advise of Fifth

Amendment rights:
1. You have the right to remain silent;

2. Anything you say can and will be used against you in a court

of law;
3. You have the right to talk to a lawyer and have him present
with you while you are being questioned;

-- 234 --