Miranda v. Arizona

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Miranda v. Arizona
Supreme Court of the United States
Argued February 28 – March 1, 1966
Decided June 13, 1966
Full case nameMiranda v. State of Arizona; Westover v. United States; Vignera v. State of New York; State of California v. Stewart
Citations384 U.S. 436 (more)
86 S. Ct. 1602; 16 L. Ed. 2d 694; 1966 U.S. LEXIS 2817; 10 A.L.R.3d 974
ArgumentOral argument
Case history
PriorDefendant convicted, Ariz. Superior Ct.; affirmed, 401 P.2d 721 (Ariz. 1965); cert. granted, 382 U.S. 925 (1965)
SubsequentRetrial on remand, defendant convicted, Ariz. Superior Ct.; affirmed, 450 P.2d 364 (Ariz. 1969); rehearing denied, Ariz. Supreme Ct. March 11, 1969; cert. denied, 396 U.S. 868 (1969)
Holding
The Fifth Amendment privilege against self-incrimination requires law enforcement officials to advise a suspect interrogated in custody of his rights to remain silent and to obtain an attorney. Arizona Supreme Court reversed and remanded.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · William O. Douglas
Tom C. Clark · John M. Harlan II
William J. Brennan Jr. · Potter Stewart
Byron White · Abe Fortas
Case opinions
MajorityWarren, joined by Black, Douglas, Brennan, Fortas
Concur/dissentClark
DissentHarlan, joined by Stewart, White
Laws applied
U.S. Const. amends. V, Fourteenth Amendment

Miranda v. Arizona (consolidated with Westover v. United States, Vignera v. New York, and California v. Stewart), 384 U.S. 436 (1966), was a landmark 5-4 decision of the United States Supreme Court which was argued February 28–March 1, 1966 and decided June 13, 1966. The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them.

Background

The legal aid movement

During the 1960s, a movement which provided defendants with legal aid emerged from the collective efforts of various bar associations.

In the civil realm, it led to the creation of the Legal Services Corporation under the Great Society program of Lyndon Baines Johnson. Escobedo v. Illinois, 378 U.S. 478 (1964), a case which closely foreshadowed Miranda, provided for the presence of counsel during police interrogation. This concept extended to a concern over police interrogation practices, which were considered by many to be barbaric and unjust. Coercive interrogation tactics were known in period slang as the "third degree."

Arrest and conviction

In March 1963, Ernesto Arturo Miranda (born in Mesa, Arizona in 1941, and living in Flagstaff, Arizona) was arrested for robbery. He later confessed to raping an 18 year old woman two days previously. At trial, prosecutors offered not only his confession as evidence (over objection) but also the victim's positive identification of Miranda as her assailant. Miranda was convicted of rape and kidnapping and sentenced to 20 to 30 years imprisonment on each charge, with sentences to run concurrently. Miranda's court-appointed lawyer, John J. Flynn, appealed to the Arizona Supreme Court which affirmed the trial court's decision. In affirming, the Arizona Supreme Court emphasized heavily the fact that Miranda did not specifically request an attorney.

Decision

Chief Justice Earl Warren, a former prosecutor, delivered the opinion of the Court, ruling that due to the coercive nature of the custodial interrogation by police (Warren cited several police training manuals which had not been provided in the arguments), no confession could be admissible under the Fifth Amendment self-incrimination clause and Sixth Amendment right to an attorney unless a suspect had been made aware of his rights and the suspect had then waived them. Thus, Miranda's conviction was overturned.

The person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in the court of law; he must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer will be appointed to represent him[1].

The Court also made clear what had to happen if the suspect chose to exercise his rights:

If the individual indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease ... If the individual states that he wants an attorney, the interrogation must cease until an attorney is present. At that time, the individual must have an opportunity to confer with the attorney and to have him present during any subsequent questioning.

Justice Brennan's comments on the Miranda decision.

Although the ACLU had urged the Supreme Court to require the mandatory presence of a "station-house" lawyer at all police interrogations, Warren refused to go that far, or to even include a suggestion that immediately demanding a lawyer would be in the suspect's best interest. Either measure would make interrogations useless because any competent defense attorney would instruct his client to say nothing to the police.

Warren pointed to the existing practice of the FBI and the rules of the Uniform Code of Military Justice, both of which required notifying a suspect of his right to remain silent; the FBI warning included notice of the right to counsel.

However, the dissenting justices thought that the suggested warnings would ultimately lead to such a drastic effect — they apparently believed that once warned, suspects would always demand attorneys and deny the police the ability to seek confessions and accordingly accused the majority of overreacting to the problem of coercive interrogations.

Harlan's dissent

In dissent, Justice Harlan wrote that "nothing in the letter or the spirit of the Constitution or in the precedents squares with the heavy-handed and one-sided action that is so precipitously taken by the Court in the name of fulfilling its constitutional responsibilities." Harlan closed his remarks by quoting former Justice Robert H. Jackson: "This Court is forever adding new stories to the temples of constitutional law, and the temples have a way of collapsing when one story too many is added."

Clark's dissent

In a separate dissent, Justice Tom C. Clark argued that the Warren Court went "too far too fast". Instead, Justice Clark would use the "totality of the circumstances" test enunciated by Justice Goldberg in Haynes v. Washington. Under this test, the court would:

consider in each case whether the police officer prior to custodial interrogation added the warning that the suspect might have counsel present at the interrogation and, further, that a court would appoint one at his request if he was too poor to employ counsel. In the absence of warnings, the burden would be on the State to prove that counsel was knowingly and intelligently waived or that in the totality of the circumstances, including the failure to give the necessary warnings, the confession was clearly voluntary.

Effects of the decision

Miranda was retried, and this time the prosecution did not use the confession but called witnesses and used other evidence. Miranda was convicted in 1967 and sentenced to serve 20 to 30 years. He was paroled in 1972. After his release, he returned to his old neighborhood and made a modest living autographing police officers' "Miranda cards" (containing the text of the warning, for reading to arrestees). He was stabbed to death during an argument in a bar on January 31, 1976.[2]

Following the Miranda decision, the nation's police departments were required to inform arrested persons of their rights under the ruling, termed a Miranda warning.

The Miranda decision was widely criticized when it came down, as many felt it was unfair to inform suspected criminals of their rights, as outlined in the decision. Richard M. Nixon and other conservatives denounced Miranda for undermining the efficiency of the police, and argued the ruling would contribute to an increase in crime. Nixon, upon becoming President, promised to appoint judges who would be "strict constructionists" and who would exercise judicial restraint. Many supporters of law enforcement were angered by the decision's negative view of police officers. The federal Omnibus Crime Control and Safe Streets Act of 1968 purported to overrule Miranda for federal criminal cases and restore the "totality of the circumstances" test that had prevailed previous to Miranda. The validity of this provision of the law, which is still codified at 18 U.S. Code 3501, was not ruled on for another 30 years because the Justice Department never attempted to rely on it to support the introduction of a confession into evidence at any criminal trial. Miranda was undermined by several subsequent decisions which seemed to grant several exceptions to the "Miranda warnings," undermining its claim to be a necessary corollary of the Fifth Amendment.

As the years wore on however, Miranda grew to be familiar and widely accepted. Due to the prevalence of American television police dramas made since that decision in which the police read suspects their "Miranda rights," it has become an expected element of arrest procedure. Americans began to feel that the warnings contributed to the legitimacy of police interrogations. In the actual practice, it was found many suspects waived their Miranda rights and confessed anyway.[citation needed]

Subsequent developments

Since it is usually required the suspect be asked if they understand their rights, courts have also ruled that any subsequent waiver of Miranda rights must be knowing, intelligent, and voluntary. Many American police departments have pre-printed Miranda waiver forms which a suspect must sign and date (after hearing and reading the warnings again) if an interrogation is to occur.

But the words "knowing, intelligent, and voluntary" mean only that the suspect reasonably appears to understand what they are doing, and is not being coerced into signing the waiver; the Court ruled in Colorado v. Connelly, 479 U.S. 157 (1986) that it is irrelevant whether the suspect may actually have been insane at the time.

A confession obtained in violation of the Miranda standards may nonetheless be used for purposes of impeaching the defendant's testimony: that is, if the defendant takes the stand at trial and the prosecution wishes to introduce the defendant's confession as a prior inconsistent statement to attack the defendant's credibility, the Miranda holding will not prohibit this (see Harris v. New York, 401 U.S. 222 (1971)).

A "spontaneous" statement made by a defendant while in custody, even though the defendant has not been given the Miranda warnings or has invoked the right to counsel and a lawyer is not yet present, is admissible in evidence, as long as the statement was not given in response to police questioning or other conduct by the police likely to produce an incriminating response (see Rhode Island v. Innis, 446 U.S. 291 (1980)).

There is also a "public safety" exception to the requirement that Miranda warnings be given before questioning: for example, if the defendant is in possession of information regarding the location of an unattended gun or there are other similar exigent circumstances which require protection of the public, the defendant may be questioned without warning and his responses, though incriminating, will be admissible in evidence (see New York v. Quarles, 467 U.S. 649 (1984)). In 2009 the California Supreme Court upheld the conviction of Richard Allen Davis, finding that the public safety exception applied despite the fact that 64 days had passed from the disappearance of the girl later found to be murdered.[3]

A number of empirical studies by both supporters and opponents of Miranda have concluded that the giving of Miranda warnings has little effect on whether a suspect agrees to speak to the police without an attorney. However, Miranda's opponents, notably law professor Paul Cassell, argue that letting go 3 or 4% of criminal suspects (who would be prosecuted otherwise but for defective Miranda warnings or waivers) is still too high a price to pay.

Miranda survived a strong challenge in Dickerson v. United States, 530 U.S. 428 (2000), where the validity of Congress's overruling of Miranda was tested. At issue was whether the Miranda warnings were actually compelled by the U.S. Constitution, or were rather merely measures enacted as a matter of judicial policy.

In Dickerson, the Court held 7-2 that the "the warnings have become part of our national culture," speaking through Chief Justice William H. Rehnquist. In dissent, Justice Antonin Scalia argued that the Miranda warnings were not constitutionally required, citing a panoply of cases that demonstrated a majority of the then-current court, counting himself, Chief Justice Rehnquist, and Justices Kennedy, O'Connor, and Thomas, "[were] on record as believing that a violation of Miranda is not a violation of the Constitution."

Dickerson reached the Court under a bizarre set of circumstances. Although the Justice Department under President Clinton had treated Miranda as valid, the Supreme Court was forced to grant certiorari to prevent a circuit split after the 4th Circuit (on its own initiative) took up Professor Cassell's suggestion and ruled that Congress had overruled Miranda with the Omnibus Crime Control and Safe Streets Act of 1968. The Solicitor General refused to defend the constitutionality of the Act, so the Court invited Professor Cassell to argue against the validity of Miranda.[citation needed]

Over time, interrogators began to think of techniques to honor the "letter" but not the "spirit" of Miranda. In the case of Missouri v. Seibert, 542 U.S. 600 (2004), the Supreme Court halted one of the more controversial practices. Missouri police were deliberately withholding Miranda warnings and questioning suspects until they obtained confessions, then giving the warnings, getting waivers, and getting confessions again. Justice Souter wrote for the plurality: "Strategists dedicated to draining the substance out of Miranda cannot accomplish by training instructions what Dickerson held Congress could not do by statute."[citation needed]

The six rules

The Miranda rule applies to the use of testimonial evidence in criminal proceedings that is the product of custodial police interrogation. Miranda right to counsel and right to remain silent are derived from the self-incrimination clause of the Fifth Amendment. [4] Therefore, for Miranda to apply six factors must be present:

  1. Evidence must have been gathered.
  2. The evidence must be testimonial/[5]
  3. The evidence must have been obtained while the suspect was in custody/[6]
  4. The evidence must have been the product of interrogation.[7]
  5. The interrogation must have been conducted by state-agents.[8]
  6. The evidence must be offered by the state during a criminal prosecution.[9]

The first requirement is obvious. If the suspect did not make a statement during the interrogation the fact that he was not advised of his Miranda rights is of no import.[10] Second, Miranda applies only to "testimonial" evidence as that term is defined under the Fifth Amendment.[5] For purposes of the Fifth Amendment, testimonial statements mean communications that explicitly or implicitly relate a factual assertion [an assertion of fact or belief] or disclose information.[11][12] The Miranda rule does not prohibit compelling a person to engage in non-assertive conduct that is incriminating or may produce incriminating evidence. Thus, requiring a suspect to participate in identification procedures such as giving handwriting[13] or voice exemplars[14], fingerprints, DNA samples, hair samples, and dental impressions is not within the Miranda rule. Such physical or real evidence is non-testimonial and not protected by the Fifth Amendment self-incrimination clause.[15] On the other hand, certain non-verbal conduct may be testimonial. For example, if the suspect nodded his head up and down in response to the question "did you kill the victim" the conduct is testimonial, it is the same as saying "yes I did" and Miranda would apply.[16]

Third, the evidence must have been obtained while the suspect was in custody. This limitation follows from the fact that Miranda's purpose is to protect suspects from the compulsion inherent in the police dominated atmosphere attendant to arrest. Custody means either that the suspect was under arrest or that his freedom of movement was restrained to an extent "associated with a formal arrest."[17] A formal arrest occurs when an officer, with the intent to make an arrest, takes a person into custody by the use of physical force or the person submits to the control of an officer who has indicated his intention to arrest the person. Telling a person he is "under arrest" is sufficient to satisfy this requirement even though the person may not be otherwise physically restrained.[18] Absent a formal arrest, the issue is whether a reasonable person in the suspect's position would have believed that he was under arrest.[19] Applying this objective test, the Court has held Miranda does not apply to roadside questioning of a stopped motorist or to questioning of a person briefly detained on the street - a Terry stop.[20] Even though neither the motorist nor the pedestrian is free to leave, this interference with the freedom of action is not considered custody for purposes of the Fifth Amendment.[21] The court has similarly held that a person who voluntarily comes to the police station for purposes of questioning is not in custody and thus not entitled to Miranda warnings particularly when the police advise the suspect that he is not under arrest and free to leave.[22]

Fourth, the evidence must have been the product of interrogation. A volunteered statement by a person in custody does not implicate Miranda. In Rhode Island v. Innis the Supreme Court defined interrogation as express questioning and "any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect." Thus, a practice that the police "should know is reasonably likely to evoke an incriminating response from a suspect … amounts to interrogation." For example, confronting the suspect with incriminating evidence may be sufficiently evocative to amount to interrogation because the police are implicitly communicating a question: "How do you explain this?"[23] On the other hand, "unforeseeable results of [police] words or actions" do not constitute interrogation. Under this definition, routine statements made during the administration of sobriety tests would not implicate Miranda. For example, a police officer arrests a person for impaired driving and takes him to the police station to administer an intoxilyzer test. While at the station the officer also asks the defendant to perform certain psycho-physical tests such as the walk and turn, one leg stand or finger to nose test. It is standard practice to instruct the arrestee on how to perform the test and to demonstrate the test. An incriminating statement made by arrestee during the instruction, "I couldn't do that even if I was sober", would not be the product of interrogation. Similarly, incriminating statements made in response to requests for consent to search a vehicle or other property are not considered to be the product of interrogation.[24]

Fifth, the interrogation must have been conducted by state-agents. In order to establish a violation of the defendant's Fifth Amendment rights, the defendant must show state action. In the Miranda context, this means that the interrogation must have been conducted by a known state-agent.[25] If the interrogation was conducted by a person known by the suspect to be a law enforcement officer the state action requirement is unquestionably met. On the other hand, where a private citizen obtains a statement there is no state action regardless of the custodial circumstances surrounding the statement. A confession obtained through the interrogation by an undercover police officer or a paid informant does not violate Miranda because there is no coercion, no police dominated atmosphere if the suspect does not know that they are being questioned by the police. Private security guards and "private" police present special problems. They are generally not regarded as state-agents. However, an interrogation conducted by a police officer moonlighting as a security guard may well trigger Miranda's safeguards since an officer is considered to be "on duty" at all times.[26]

Sixth, the evidence is being offered during a criminal proceeding. Under the exclusionary rule, a Miranda-defective statement cannot be used by the prosecution as substantive evidence of guilt. However, the Fifth Amendment exclusionary rule applies only to criminal proceedings. In determining whether a particular proceeding is criminal, the courts look at the punitive nature of the sanctions that could be imposed. Labels are irrelevant. The question is whether the consequences of an outcome adverse to the defendant could be characterized as punishment. Clearly a criminal trial is a criminal proceeding since if convicted the defendant could be fined or imprisoned. However, the possibility of loss of liberty does not make the proceeding criminal in nature. For example, commitment proceedings are not criminal proceedings even though they can result in long confinement because the confinement is considered rehabilitative in nature and not punishment. Similarly, Miranda does not apply directly to probation revocation proceedings because the evidence is not being used as a basis for imposing additional punishment.

Assuming that the six factors are present and Miranda applies, the statement will be subject to suppression unless the prosecution can demonstrate (1) that the suspect was advised of their Miranda rights and (2) that the suspect voluntarily waived those rights or that the circumstances fit an exception to the Miranda rule. The defendant may also be able to challenge the admissibility of the statement under provisions of state constitutions and state criminal procedure statutes.[27]

The Miranda Warnings

The suspect must be properly advised of their Miranda rights. The constitutional rights safeguarded by Miranda are the Fifth Amendment right to counsel and the Fifth Amendment right against compelled self incrimination. The Fifth Amendment right to counsel means that the suspect has the right to consult with an attorney before questioning begins and have an attorney present during the interrogation. The Fifth Amendment right against compelled self incrimination is the right to remain silent - the right to refuse to answer questions or to otherwise communicate information. Therefore, before any interrogation begins, the police must advise the suspect that they have (1) the right to remain silent; (2) that anything the suspect says can be used against them; (3) that the suspect has the right to have an attorney present before and during the questioning and (4) the suspect has the right to have a "free" attorney appointed to represent them before and during the questioning if the suspect cannot afford to hire an attorney.[28] There is no precise language that must be used in advising a suspect of their Miranda rights.[29] The point is that whatever language is used the substance of the rights outlined above must be communicated to the suspect.[30] The suspect may be advised of their rights orally or in writing.[31]

Waiver

Simply advising the suspect of their rights does not fully comply with the Miranda rule. The suspect must also voluntarily waive their Miranda rights before questioning can proceed.[32] An express waiver is not necessary.[33] However, most law enforcement agencies use written waiver forms which include questions designed to establish that the suspect expressly waived their rights. Typical waiver questions are (1) "Do you understand each of these rights?" and (2) "Understanding each of these rights, do you now wish to speak to the police without a lawyer being present?"

The waiver must be "knowing and intelligent" and it must be "voluntary." These are separate requirements. To satisfy the first requirement the state must show that the suspect generally understood their rights (right to remain silent and right to counsel) and the consequences of forgoing those rights (that anything they said could be used against them in court). To show that the waiver was "voluntary" the state must show that the decision to waive the rights was not the product of police coercion. If police coercion is shown or evident, then the court proceeds to determine the voluntariness of the waiver under the totality of circumstances test focusing on the personal characteristics of the accused and the particulars of the coercive nature of the police conduct. The ultimate issue is whether the coercive police conduct was sufficient to overcome the will of a person under the totality of the circumstances. As noted previously, courts traditionally focused on two categories of factors in making this determination: (1) the personal characteristics of the suspect and (2) the circumstances attendant to the waiver. However, the Supreme Court significantly altered the voluntariness standard in the case of Colorado v. Connelly.[34] In Connelly the Court held that "Coercive police activity is a necessary predicate to a finding that a confession is not 'voluntary' within the meaning of the Due Process Clause of the Fourteenth Amendment."[35] The Court has applied this same standard of voluntariness is determining whether a waiver of a suspect's Fifth Amendment Miranda rights was voluntary. Thus, a waiver of Miranda rights is voluntary unless the defendant can show that their decision to waive their rights and speak to the police was the product of police misconduct and coercion that overcame the defendant's free will. After Connelly the traditional totality of circumstances analysis is not even reached unless the defendant can first show such coercion by the police.[36] Under Connelly, a suspect decisions need not be the product of rational deliberations.[37] In addition to showing that the waiver was "voluntary", the prosecution must also show that the waiver was "knowing" and "intelligent". Essentially this means the prosecution must prove that the suspect had a basic understanding of their rights and an appreciation of the consequences of foregoing those rights. The focus of the analysis is directly on the personal characteristics of the suspect. If the suspect was under the influence of alcohol or drugs, or suffered from an emotional or mental condition that substantially impaired their capacity to make rational decisions, the courts may well decide that the suspect's waiver was not knowing and intelligent.

A waiver must also be clear and unequivocal. An equivocal statement is ineffective as a waiver and the police may not proceed with the interrogation until the suspect's intentions are made clear. The requirement that a waiver be unequivocal is to be distinguished from situations in which the suspect makes an equivocal assertion of their Miranda rights after the interrogation has begun. Any post waiver assertion of a suspect's Miranda rights must be clear and unequivocal.[38] Any ambiguity or equivocation will be ineffective. If the suspect's assertion is ambiguous, the interrogating officers are permitted to ask questions to clarify the suspect's intentions, although they are not required to.[39] In other words, if a suspect's assertion is ambiguous, the police may either attempt to clarify the suspect's intentions or they may simply ignore the ineffective assertion and continue with the interrogation.[40] The timing of the assertion is significant. Requesting an attorney prior to arrest is of no consequence because Miranda applies only to custodial interrogations. The police may simply ignore the request and continue with the questioning; however, the suspect is also free to leave.

Assertion

If the defendant asserts his right to remain silent all interrogation must immediately stop and the police may not resume the interrogation unless the police have “scrupulously honored” the defendant’s assertion and obtain a valid waiver before resuming the interrogation.[41] In determining whether the police “scrupulously honored” the assertion the courts apply a totality of the circumstances test. The most important factors are the length of time between termination of original interrogation and commencement of the second and a fresh set of Miranda warnings before resumption of interrogation.

The consequences of assertion of Fifth Amendment right to counsel are stricter.[42] The police must immediately cease all interrogation and the police cannot reinitiate interrogation unless counsel is present (merely consulting with counsel is insufficient) or the defendant of his own volition contacts the police. If the defendant does reinitiate contact a valid waiver must be obtained before interrogation may resume.

Exceptions

Assuming that the six factors are present, the Miranda rule would apply unless the prosecution can establish that the statement falls within an exception to the Miranda rule.[43] The three exceptions are (1) the routine booking question exception[44] (2) the jail house informant exception and (3) the public safety exception.[45] Arguably only the last is a true exception – the first two can better be viewed as consistent with the Miranda factors. For example, questions that are routinely asked as part of the administrative process of arrest and custodial commitment are not considered "interrogation" under Miranda because they are not intended or likely to produce incriminating responses. Nonetheless, all three circumstances are treated as exceptions to the rule. The jail house informant exception applies to situations where the suspect does not know that he is speaking to a state-agent; either a police officer posing as a fellow inmate, a cellmate working as an agent for the state or a family member or friend who has agreed to cooperate with the state in obtaining incriminating information.[46] The window of opportunity for the exception is small. Once the suspect is formally charged, the Sixth Amendment right to counsel would attach and surreptitious interrogation would be prohibited.[47] The public safety exception applies where circumstances present a clear and present danger to the public's safety and the officers have reason to believe that the suspect has information that can end the emergency.[48]

Consequences of Violation

Assuming that a Miranda violation occurred - the six factors are present and no exception applies - the statement will be subject to suppression under the Miranda exclusionary rule. That is, if the defendant objects or files a motion to suppress, the exclusionary rule would prohibit the prosecution from offering the statement as proof of guilt. However, the statement can be used to impeach the defendant's testimony.[49] Further, the fruit of the poisonous tree doctrine does not apply.[50] Since the fruit of the poisonous tree doctrine does not apply to Miranda violations, the exclusionary rule exceptions, attenuation, independent source and inevitable discovery, do not come into play. Therefore, derivative evidence would be fully admissible. For example, the police continue with a custodial interrogation after the suspect has asserted his right to silence. During his post-assertion statement the suspect tells the police the location of the gun he used in the murder. Following this information the police find the gun. Forensic testing identify the gun as the murder weapon and fingerprints lifted from the gun match the suspect's. The contents of the Miranda defective statement could not be offered by the prosecution as substantive evidence, but the gun itself and all related forensic evidence would not be subject to suppression.

Procedural Requirements

Although the rules vary by jurisdiction, generally a person who wishes to contest the admissibility of evidence[51] on the grounds that it was obtained in violation of his constitutional rights[52] must comply with the following procedural requirements:

  1. The defendant must file a motion.[53]
  2. The motion must be in writing.[54]
  3. The motion must be filed before trial.[55]
  4. The motion must allege the factual and legal grounds on which the defendant seeks suppression of evidence.[56]
  5. The motion must be supported by affidavits or other documentary evidence.[57]
  6. The motion must be served on the state.[53]

Failure to comply with a procedural requirement may result in summary dismissal of the motion.[53] If the defendant meet the procedural requirement the motion will normally be considered by the judge outside the presence of the jury. The judge hears evidence, determines the facts, makes conclusions of law and enters an order allowing or denying the motion.[58]

See also

Further reading

  • Baker, Liva (1983). Miranda: Crime, law, and politics. New York: Atheneum. ISBN 0689112408. {{cite book}}: Cite has empty unknown parameter: |coauthors= (help)
  • Soltero, Carlos R. (2006). "Miranda v. Arizona (1966) and the rights of the criminally accused". Latinos and American Law: Landmark Supreme Court Cases. Austin, TX: University of Texas Press. pp. 61–74. ISBN 0292714114.
  • Levy, Leonard W. (1986) [1969]. Origins of the Fifth Amendment (Reprint ed.). New York: Macmillan. ISBN 0029195802. {{cite book}}: Cite has empty unknown parameter: |coauthors= (help)
  • Stuart, Gary L. (2004). Miranda: The Story of America's Right to Remain Silent. Tucson, Arizona: University of Arizona Press. ISBN 0816523134. {{cite book}}: Cite has empty unknown parameter: |coauthors= (help)
  • Donald E. Wilkes, Jr., The Attempted Murder of the Miranda Decision (2001) & A Little Bit of Shooty Face (2003).

External links

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References

  1. ^ In its opinion the Miranda court used three different variations in outlining the Miranda rights.
  2. ^ Miranda Slain; Main Figure in Landmark Suspects' Rights Case - Free Preview - The New York Times
  3. ^ People vs. Davis, S056425
  4. ^ The Miranda rule is not an element of a valid arrest. The Fifth Amendment does not require an officer to give an arrestee his Miranda rights as part of the arrest procedure. The Miranda rights are triggered by custody and interrogation. At the time the Supreme Court decided Miranda the Fifth Amendment had already been applied to the states in Malloy v. Hogan, 378 U.S. 1 (1964)
  5. ^ a b Pennsylvania v. Muniz, 496 U.S. 582 (1990)
  6. ^ Miranda v. Arizona, 384 U.S. 436 (1966); California v. Hodari D., 499 U.S. 621, 626 (1991)
  7. ^ Rhode Island v. Innis, 446 U.S. 291 (1980)
  8. ^ Escobedo v. Illinois, 378 U.S. 478 (1964); Illinois v. Perkins, 110 Ct. 2394 (1990). See also Latzer, State Constitutions and Criminal Justice, (Greenwood Press 1991) citing Walter v. United States, 447 U.S. 649 (1980)
  9. ^ The Fifth Amendment applies only to compelled statements used in criminal proceedings
  10. ^ Note that post warning silence cannot be used as evidence of guilt or to impeach the defendant's trial testimony. Doyle v. Ohio, 426 U.S. 610 (1976). Nor can the state offer evidence that the defendant asserted his rights - that he "lawyered up" or refused to talk.
  11. ^ Doe v. United States, 487 U.S. 201 (1988)
  12. ^ See also United States v. Wade, 388 U.S. 218 (1967)
  13. ^ See Adams and Blinka, Pretrial Motions in Criminal Prosecutions, 2d ed. (Lexis)331 n. 203 citing United States v. Daughenbaugh, 49 F.3d 171, 173 (5th Cir. 1995)
  14. ^ United States v. Mitchell, 556 F.2d 382 (6th Cir. 1977)
  15. ^ Pennslyvania v. Muniz, 496 U.S 582 (1990).
  16. ^ See Schmerber v. California 384 U.S. 757, 761 n. 5 (1966)
  17. ^ Stansbury v. California, 114 S. Ct. 1526 (1994); New York v. Quarles, 467 U.S. 649, 655 (1984). Some courts phrased the requirement as the defendant did not believe that he was "free to leave." This standard is comparable to the detention standard for purposes of the fourth amendment - not the functional arrest standard for purposes of the fifth amendment.
  18. ^ Adams & Blinka, Pretrial Motions in Criminal Prosecutions, 2d ed. (LEXIS 1998) at 306.
  19. ^ In deciding whether a person is in "constructive custody" the courts use a totality of the circumstances test. Factors frequently examined include (1) the location of the interrogation (2)the force used to stop or detain the suspect (3) the number officer and police vehicles involved (4) whether the officers were in uniform (5) whether the officers were visibly armed (6) the tone of officer's voice (7) whether the suspect was told they were free to leave (8) the length of the detention and/or interrogation (9) whether the suspect was confronted with incriminating evidence and (10) whether the accused was the focus of the investigation.
  20. ^ See Berkemer v. McCarty, 468 U.S. 420 (1984)(brief roadside investigatory detention is not custody) and California v. Beheler, 463 U.S. 1121 (1983) (per curiam).
  21. ^ Berkemer v. McCarty, 468 U.S. 420 (1984)
  22. ^ Miranda is not offense or investigation-specific. Therefore, absent a valid waiver, a person who is in custody cannot be interrogated about the offense for which they are being held in custody or any other offense.
  23. ^ See Edwards v. Arizona, 451 U.S. 477 (1981).
  24. ^ See Adams and Blinka, Pretrial Motions in Criminal Prosecutions, 2d ed. (Lexis 1998)331 n. 204 citing United States v. Smith, 3 F.3d. 1088 (7th Cir. 1993)
  25. ^ See Latzer, State Constitutions and Criminal Justice, 97 n. 86 (Goodwood Press 1991) quoting Kamisar, LaFave & Isreal, Basic Criminal Procedure 598 (6th ed. 1986)"whatever may lurk in the heart or mind of the fellow prisoner ..., if it is not 'custodial police interrogation' in the eye of the beholder, then it is not ... interrogation within the meaning of Miranda."
  26. ^ See Commonwealth v. Leone, 386 Mass. 329 (1982).
  27. ^ Other bases for exclusion include that the confession was the product of an unconstitutional arrest [See Brown v. Illinois, 422 U.S. 590 (1975); Dunaway v. New York, 442 U.S. 200 (1979)], the confession was obtained in violation of the defendant's sixth amendment right to counsel or the confession was involuntary under the due process clause of the fifth and fourteenth amendments.
  28. ^ State and Federal courts have consistently rejected challenges to Miranda warnings on grounds that defendant was not advised of additional rights. See e.g. United States v. Coldwell, 954 F.2d 496(8th Cir. 1992) For example, police are not required to advise a suspect that if he decides to answer questions without an attorney present, he still has the right to stop answering at any time until he talks to an attorney.
  29. ^ California v. Prysock, 453 U.S. 355, 101 S. Ct. 2806, 69 L. Ed. 2d 696 (1981); Brown v. Crosby, 249 F. Supp. 2d 1285 (S.D. Fla. 2003).
  30. ^ Duckworth v. Eagan, 492 U.S. 195, 109 S. Ct. 2875, 106 L. Ed. 2d 166 (1989) While a "talismanic incantation" of the exact language of the original Miranda warnings is not required, [Bloom and Brodin, Criminal Procedure, 5th ed. (Aspen 2006) 268] deviations and omission can result in suppression of the statement.
  31. ^ U.S. v. Labrada-Bustamante, 428 F.3d 1252 (9th Cir. 2005).
  32. ^ Miranda v. Arizona, 384 U.S. at 475
  33. ^ United States v. Melanson, 691 F.2d 579 (1st Cir.), cert. denied, 454 U.S. 856, 102 S. Ct. 305, 70 L. Ed. 2d 151 (1981).
  34. ^ 479 U.S. 157, 107 S. Ct. 515, 93 L. Ed. 2d 473, 485 (1987)
  35. ^ 479 U.S. at 166.
  36. ^ Bloom and Brodin, Criminal Procedure 2nd ed. (Little Brown 1986) 250.
  37. ^ See Moran v. Burbine, 475 U.S.
  38. ^ Davis v. United States, 512 U.S. 452 (1994)
  39. ^ Davis v. United States, 114 S. Ct. 2350 (1994)
  40. ^ United States v. Davis
  41. ^ "Once warnings have been given, the subsequent procedure is clear. If the individual indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease. At this point, he has shown that he intends to exercise his Fifth Amendment privilege; any statement taken after the person invokes his privilege cannot be other than the product of compulsion, subtle or otherwise. Without the right to cut off questioning, the setting of in-custody." Michigan v. Moseley, 423 U.S. 96 (1975) quoting Miranda v. Arizona, 384 U. S. 436 (1966) at 384 U. S. 473-74. Note the defendant's assertion of their fifth amendment right to silence cannot be used as substantive evidence of guilt or to impeach the defendant's testimony. Doyle v. Ohio
  42. ^ A request to speak to a third person who is not an attorney does not invoke right to counsel.Fare v. Michael C., 442 U.S. 707 (1979)
  43. ^ The statement of the defendant is admissible when offered by the state as substantive evidence of guilt as an adimission of a party opponent. This exception or exemption from the hearsay rules is not availble to the defendant - the defendant must resort to some other exception if he attempts to offer his own statement into evidence. Further if the defendant is successful in offering his own statement as substantive evidence, then the defendant is the hearsay declarant and the state can impeach the defendant as it would any other witness including te use of potentilly devastating evidence of prior convictions.
  44. ^ See Pennsylvania v. Muniz, 496 U.S. 582 (1990)
  45. ^ New York v. Quarles, 467 U.S. 649 (1984)
  46. ^ See Illinois v. Perkins, 496 U.S. 292 (1990)
  47. ^ Massiah v. United States, 377 U.S. 201 (1964)
  48. ^ New York v. Quarles, 467 U.S. 649, 655 (1984).
  49. ^ The statement must be "voluntary" under the due process clauses of the Fifth and Fourteenth Amendments. An involuntary statement cannot be used for any purpose.
  50. ^ Note that if the siezure of the defendant violated the fourth amendment any confession that resulted from the seizure would be subject to suppression. For example, an officer stops a defendant because the officer has a "gut feeling" that the defendant is driving while impaired. After the stop the officer asks the defendant if he had been drinking and the defendant says. "Yes". The officer then arrests the defendant and takes him to the law enforcement center to administer a breathalyzer test. While in the breathalyzer room the officer asks the defendant the questions on his alcohol influence report. The defendant's responses are incriminating. Under this scenario because the initial stop was unconstitutional all evidence that resulted from the stop would be subject to suppression.
  51. ^ Evidence includes physical evidence, confessions and identification evidence. Derivative evidence may also be excluded. See Federal Rules of Criminal Prodcedure 12(b), 41(e) and 41(f) respectively.
  52. ^ Most motions to suppress are based on violations of Fourth, Fifth, and Sixth Amendments and the due process clauses of the Fifth and Fourteenth Amendments.
  53. ^ a b c NC Defender Manual, Suppression Motions (NC School of Government 2002)
  54. ^ Fed. R. Crim. P. 12 allows motions to be made orally or in writing in the court's discretion. But many courts have local rules of practice requiring written motions.
  55. ^ Adams & Blinka, Pretrial Motions in Criminal Prosecutions 2ed. (Lexis 1998) at 5.
  56. ^ Adams & Blinka, Pretrial Motions in Criminal Prosecutions 2ed. (Lexis 1998) at 7. citing United States v. Maldonado, 42 F.3rd 906 (5th Cir. 1995) The defendant should state with some specificity the legal grounds on which he challenges the admissibility of the evidence and should assert all available grounds. Failure to assert a ground may be treated as waiver. The defendant must also assert facts that show that a substantial claim exists. The assertion must be specific, detailed, definite and nonconjectural. Adams & Blinka, Pretrial Motions in Criminal Prosecutions 2ed. (Lexis 1998) at 7. citing United States v. Calderon, 77 F.3rd 6, 9 (1st Cir. 1996) Conclusory statements such as the defendant was "coerced" or "under duress" carry little weight.
  57. ^ North Carolina requires that the affidavit be based on first hand knowledge or on information and belief. If information and belief, the affiant must state the source of his information and the reason for his belief that it is true. Attorney are reluctant for the defendant be the affiant. Although statements from the defendant in support of a motion to suppress cannot be used as substantive evidence of guilt, the statements can be used to impeach the defendant's testimony.
  58. ^ See Fed Rules of Evidence 104(a) & (b)
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