Miranda Warning
Course
Law
Enforcement I
Unit V
Arrest
Essential
Question
When must a
Miranda
warning be
issued?
TEKS
§130.293(c)
(6)(B)
Prior Student
Learning
Supreme
Court
decision:
Miranda v.
Arizona
Estimated
Time
1 hour
Rationale
Suspects, witnesses, and juveniles are entitled to the same constitutional
rights as victims. The Supreme Court ruled in Miranda v. Arizona that all
persons being interrogated are entitled to be read their constitutional rights;
this was later called the Miranda warning.
Objectives
The student will be able to:
1. Define the Miranda warning
2. Explain the additional requirements above Miranda warnings for
juvenile suspects, offenders, and witnesses
Engage
Ask for student volunteers to recite the Miranda warning as they have heard
it on television. See if the students can remember all of the rights. Discuss
with the students when the Miranda rights must be read (Note: because
students are often confused by what they see on television, provide them
with an overview of what the Miranda warning really says). Use the
Discussion Rubric for assessment.
Key Points
I. Miranda v. Arizona (1966)
A. Ernesto Miranda was accused of the kidnapping and rape of an 18year-old female
B. He was identified by the girl 10 days later
C. The police interrogated Miranda for two hours
D. The police obtained a written and signed confession
E. The confession was used at the trial
F. Miranda was found guilty
G. Miranda appealed the court’s decision
1. Miranda argued that he
a) Had not been told that he had the right to remain silent
b) Would not have confessed if he had been told about this
right
2. The Supreme Court overturned the trial, giving Miranda a new
trial without the use of the confession
3. Miranda was again convicted
H. The Miranda decision was then codified into the Texas Law in the
Code of Criminal Procedure Article 38.22
I. Texas added that “you may terminate this interview at anytime”
II. Miranda requirements for juvenile suspects
A. Child (Family Code Section 51.02)
1. Ten years of age or older and under 17 years of age
1
Copyright © Texas Education Agency, 2012. All rights reserved.
B.
C.
D.
E.
2. Under 18 years of age who is alleged or found to have
engaged in delinquent conduct or conduct indicating a need
for supervision as a result of acts committed before becoming
17 years of age
The Miranda warning must be issued by a magistrate prior to any
statement
Admissibility of statements
1. Must be in writing
2. Must be signed in the presence of a magistrate without the
presence of a bailiff, prosecuting attorney, or law enforcement
officer
3. The magistrate must believe that the juvenile understood the
Miranda warning and that the statement was given voluntarily;
then the magistrate will sign the certification acknowledging
that these occurred
4. The juvenile must intelligently, knowingly, and willingly waive
their rights before and during their statement
Federal Juvenile Delinquency Act 18 USC 5033
1. A juvenile taken into custody for juvenile delinquency must be
informed in understandable language of his or her rights by
the arresting officer
2. The Attorney General and parent or guardian must also be
contacted and made aware of the juvenile’s rights and the
alleged offense
3. Then the juvenile is to be taken before a magistrate
School settings
1. Juveniles that are interrogated in a school setting will be
considered “in custody” for Miranda purposes
2. School officials are not bound by the Miranda warning and do
not have to give the juvenile a warning unless they are acting
as a direct agent for the police
III. Miranda requirements for suspects
A. The courts ruled that in order for the Miranda warning to be
required, the circumstances had to meet a two prong test
1. The person was in custody, and
2. The person was interrogated
B. Suspects are considered in custody
1. When they are not free to leave
2. The court states
a) Being physically deprived of freedom in any significant
way
b) Law enforcement has told the person he or she is not
free to leave
c) Law enforcement creates a situation that would lead a
reasonable person to believe that his or her freedom of
2
Copyright © Texas Education Agency, 2012. All rights reserved.
movement has been greatly restricted
d) When there is probable cause to arrest and a law
enforcement does not tell the person he or she is free to
leave
C. Interrogation
1. Law enforcement asks the suspect(s) questions
2. If the suspect voluntarily offers information that is not in
response to any question asked, even if he or she is in
custody, the statement is admissible without the Miranda
warning because the two-prong test of interrogation is not met
D. Waiver of Miranda rights
1. Suspects must make a knowing, intelligent, and voluntary
waiver of rights after they have been read their rights
2. The court looks at two factors when allowing the waiver of
rights:
a) To be voluntary it must be the product of a free and
deliberate choice, and not the product of coercion,
intimidation, or deception
b) Was it made by the defendant with full awareness of both
the nature of the rights being abandoned and the
consequences of the decision to abandon them
E. Who must give the Miranda warning?
1. Written statements – the warning must be given by a
magistrate or the person to whom the statement is being
made
2. Oral statements
a) Someone other than the person to whom the statement is
being made can give the warning as long as they are on
the recording
b) There must be an electronic recording of the statement:
either video or audio or both
c) Prior to making a statement, the Miranda warning must
be given on the recording
d) The defendant must waive his or her rights
e) The recording device must be capable of making
accurate recordings and the operator competent;
recording must be accurate and unaltered
f) All voices on the recording must be identified
IV. Miranda requirements for offenders
A. If the offender is in custody because of an offense other than the
one he or she is being questioned about, the court says these
factors must be considered when determining the need for the
Miranda warning:
1. The language used to summon the offender
2. The physical surroundings of the interrogation
3
Copyright © Texas Education Agency, 2012. All rights reserved.
3. The extent to which the offender is confronted with the
evidence of guilt
4. The additional pressure exerted to detain the offender or the
change in surroundings of the offender which results in an
added imposition on the offender’s freedom
5. The offender’s freedom to leave the scene and the purpose,
place, and length of the questioning
V. Miranda requirements for witnesses
A. There is no legal requirement for Miranda when someone is a
witness; witnesses are free to leave at any time
B. If you are arrested based on your statements as a witness, the
Miranda warning would apply
C. As a witness, if the police determine you are obstructing justice,
and charge you with such, the Miranda warning then applies
Activities
1. Miranda Warning Scenarios. Divide the students into groups and hand
out the Miranda Warning Scenarios Worksheet. Have the students
answer the scenario questions as a group. Use the Miranda Warning
Scenarios Worksheet Key for assessment.
2. Miranda Warning Discussion. Do an Internet search for the following
article: Supreme Court: Suspects must invoke right to remain silent in
interrogations. Have the students read (or read to the students) the
article. Then have a class discussion using the following questions.
 Should a suspect have to verbally say that they are “invoking”
their right to remain silent?
 Does the fact that the suspect has to “say something”, violate the
purpose of that Miranda right?
Use the Discussion Rubric for assessment.
Assessments
Miranda Warning Scenarios Worksheet and Key
Discussion Rubric
Individual Work Rubric
Research Rubric
Materials
Miranda Warning computer-based presentation
Miranda Warning Scenarios Worksheet and Key
Computer with Internet access
Resources
Judge Erin Bakker
http://www.fletc.gov/training/programs/legal-division/the-informer/research4
Copyright © Texas Education Agency, 2012. All rights reserved.
by-subject/5th-amendment/juvenilemirandarights.pdf
Federal Juvenile Delinquency Act 18 USC 5033
http://uscode.house.gov/download/pls/18C403.txt
Texas Constitution and Statutes http://www.statutes.legis.state.tx.us/
Do an Internet search for the following: Supreme Court: Suspects must invoke
right to remain silent in interrogations
Accommodations for Learning Differences
For reinforcement, the students will research a case in which the situation
around the Miranda warning was questionable. The students will evaluate
the case to verify that the two-prong interrogation test was applied in the
ruling. The students will write a short brief about the case. Use the
Research Rubric for assessment.
For enrichment, the students will create a scenario and exchange it with
another student. The students will analyze the constitutionality of the
Miranda warning in the scenario that they received. The students must
include a detailed justification for the scenario. Use the Individual Work
Rubric for assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.293. Law Enforcement I (One to Two Credits).
(6) The student analyzes custody and interrogation as they relate to
The United States Supreme Court decision in Miranda v.
Arizona. The student is expected to:
(B) explain additional requirements above Miranda warnings
for juvenile suspects, offenders and witnesses
College and Career Readiness Standards
English/Language Arts Standards
IV. Listening
B. Listen effectively in informal and formal situations.
1. Listen critically and respond appropriately to presentations.
2. Listen actively and effectively in one-on-one communication
situations.
3. Listen actively and effectively in group discussions.
5
Copyright © Texas Education Agency, 2012. All rights reserved.
Miranda Warning Scenarios Worksheet
Scenario 1
The defendant was questioned at work by the police with others present while an audio
recording was made. The defendant was told that she was suspected of a crime. No Miranda
warning was given. The defendant admitted her involvement in the crime. The defendant
was asked to go to the police station to make a written statement and was then allowed to go
home. Was the defendant in custody at the time of the oral statement to the police?
Scenario 2
The defendant and his wife were involved in a car accident. The officer arrived shortly after
the accident to investigate. The officer asked both the defendant and his wife who was
driving and both say it was the wife. Later the scene investigation revealed that the wife’s
injuries are consistent with her sitting in the passenger seat during the accident. The officer
confronted the defendant with this information and the defendant then admitted that he was
the driver. The officer smelled alcohol on the defendant. The officer administered field
sobriety tests. The defendant failed the tests, was placed under arrest, and read the Miranda
warning. Was the defendant in custody when he admitted to being the driver?
Scenario 3
The officer observed the defendant driving erratically. The officer turned on the emergency
lights, but the defendant failed to yield to the officer. The officer turned on the siren and the
defendant still failed to yield. The defendant finally stopped. The defendant failed to get out
of the car when she was instructed by the officer. The officer pulled the defendant out of the
car, put her on the ground and handcuffed her. The officer stood the defendant up, smelled
alcohol, and noticed that her eyes were bloodshot and watery. The defendant swayed,
staggered, and was argumentative and combative. Seven minutes after the stop another
officer arrived and asked the defendant if she had been drinking. The defendant admitted to
drinking. No Miranda warning was given. Was the defendant in custody?
Scenario 4
The defendant was incarcerated on Offense A. The defendant was told by guards that an
officer was coming to talk to him. The defendant voluntarily went to the interview. The
defendant was not restrained. The defendant gave a statement admitting to Offense B. The
interview room was well lit and had two windows with a view to the prison administration
offices. The door to the interview room was unlocked. Was the Miranda warning required?
6
Copyright © Texas Education Agency, 2012. All rights reserved.
Scenario 5
At 9 A.M. the defendant voluntarily went to the police station to give a written statement
about a murder in which the defendant’s son was a suspect. The defendant left at 11 A.M.,
but returned to the police department at 1 P.M. wanting to change her statement because it
contained a false alibi. The detective interrogated the defendant until 6 P.M., and the
defendant made inconsistent statements. No Miranda warning was given. At 7 P.M. the
defendant agreed to a polygraph test. She was told that she was not a suspect but was
given the Miranda warning. At 11 P.M. the polygraph test was over (deception was indicated)
and the interrogation resumed.
The defendant asked to speak to her husband multiple times, but the request was ignored.
The defendant complained of exhaustion, headache, and chest pains. The defendant was
checked by a medic and determined to be fine. The defendant was given drinks and
cigarettes, and was offered food but declined. The defendant was allowed bathroom breaks
but was accompanied by officers.
At 1 A.M. the defendant admitted to being present at the crime scene but denied involvement
in the crime. At 1:30 A.M. the detectives asked the defendant if she was aware that she was
not going home that night. The defendant said she had known that for a while. The
defendant was taken to another room where she made a written statement. After writing the
statement she was given the Miranda warning three times. She then signed the statement at
3:55 A.M. Was the defendant in custody?
Scenario 6
The defendant was pulled over on a valid traffic stop. The odor of alcohol was detected on
him. A field sobriety test was administered. The defendant failed the field sobriety test. The
defendant was arrested and taken to the police department. No Miranda warning was given.
At the police department the defendant was asked by the officer to take a breath test. The
defendant refused. Was the defendant’s refusal to take a breath test admissible against him
at a trial?
7
Copyright © Texas Education Agency, 2012. All rights reserved.
Miranda Warning Scenarios Worksheet Key
Scenario 1
Probable cause to arrest must be developed by the defendant providing information to law
enforcement or law enforcement providing information to the defendant. The development of
probable cause does not automatically establish custody. The development of probable
cause combined with other information must lead a reasonable person to believe that he or
she is in custody.
The defendant voluntarily met with law enforcement at her place of work with others present.
The interview lasted 18 minutes. The defendant was allowed to leave after giving a written
statement at the police department. There was a development of probable cause, but the
defendant was allowed to leave and was not under restraint. Based on the totality of the
circumstances, the defendant was not in custody (the oral admission was admissible).
No, she was NOT in custody.
Scenario 2
A traffic stop does not constitute “custody” for Miranda purposes. However, the subsequent
events may cause a noncustodial encounter to escalate into a custodial one. The mere fact
that a suspect becomes the focus of a criminal investigation does not convert a roadside
stop into an arrest. Here, the accident investigation may have become a driving while
intoxicated (DWI) investigation after the officer discovered that the wife was not the driver.
But at the most, it only escalated a consensual encounter into an investigative detention, not
arrest or custody.
No, he was NOT in custody.
Scenario 3
Handcuffing a suspect during an investigative detention does not necessarily transform it into
a formal arrest. Was this stop an ordinary traffic stop? No. After the stop, was the defendant
subjected to treatment that resulted in her being in custody? Yes. Would a reasonable
person in the same circumstances feel they were not at liberty to terminate the interrogation
and leave? Yes. The defendant’s admissions on the scene are inadmissible.
Yes, she was in custody.
Scenario 4
While the defendant was incarcerated there was no added imposition on his freedom of
movement or any measure of compulsion above and beyond being in prison.
The Miranda warning was not required.
8
Copyright © Texas Education Agency, 2012. All rights reserved.
Scenario 5
The defendant was in custody at 1:30 A.M. when she was told that she could not go home.
Was she in custody before then? Consider the determining factors:
 The length of the interrogation was 15 hours
 The defendant’s two requests to see her husband were ignored
 The defendant was accompanied by officers to bathroom
At 1 A.M. the officers had probable cause for an arrest when the defendant admitted to being
at scene. This factor turned the noncustodial encounter into a custodial one. A reasonable
person would realize the incriminating nature of this admission.
Yes, she was in custody.
Scenario 6
The defendant was in custody, but asking a defendant to submit to a breath test is not an
interrogation. Therefore, his refusal was admissible against him. Remember, the two-prong
interrogation test. The requirements for interrogation were not met; therefore, the Miranda
warning was not needed.
Yes, his refusal was admissible against him.
9
Copyright © Texas Education Agency, 2012. All rights reserved.
Name_______________________________________
Date_______________________________
Discussion Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Participates in group discussion
Encourages others to join the
conversation
Keeps the discussion progressing
to achieve goals
Shares thoughts actively while
offering helpful recommendations to
others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions
or requesting input
Expresses thoughts and ideas
clearly and effectively
Total Points (32 pts.)
Comments:
10
Copyright © Texas Education Agency, 2012. All rights reserved.
Name______________________________________
Date_______________________________________
Individual Work Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Follows directions
Student completed the work as directed,
following the directions given, in order and to the
level of quality indicated
Time management
Student used time wisely and remained on task
100% of the time
Organization
Student kept notes and materials in a neat,
legible, and organized manner. Information was
readily retrieved
Evidence of learning
Student documented information in his or her
own words and can accurately answer questions
related to the information retrieved
*Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Total Points (20 pts.)
Comments:
11
Copyright © Texas Education Agency, 2012. All rights reserved.
Name______________________________________
Date_______________________________________
Research Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Question/goal
Student identified and communicated a question
or goal of the research
Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Conclusion/Summary
Student drew insightful conclusions and
observations from the information gathered.
Information is organized in a logical manner
Communication
Student communicated the information gathered
and summary or conclusions persuasively.
Student demonstrated skill in the use of media
used to communicate the results of research
Reflection
Student reflected on the importance of the
research and its potential application
Total Points (20 pts.)
Comments:
12
Copyright © Texas Education Agency, 2012. All rights reserved.