STREET LAW:
Miranda rights
ENTRY TASK
• Describe a time when someone wanted to talk
about something or asked you about
something you didn’t want to talk about.
– What happened?
– How did it make you feel?
– How did you respond?
– Did you feel free to say no?
What to do if you’re stopped
by police
Video: ACLU & Elon James White
http://www.youtube.com/watch?v=ti2-NjnalFU
What to do if you’re stopped
by police
1. Yes. You can – and should – say “I’m remaining
silent.”
2. Yes. You can tell the police they do not have
permission to search your things.
3. If you’re arrested – all of the above (do not
resist, call a lawyer, keep your hands in sight)
4. Yes. You still have rights, even if your papers are
not with you.
5. Yes. You can ask the officer if you can leave. And
if he/she says yes, you should do so peacefully.
Miranda rights
Important things
you should know!
The
th
5
Amendment
TEXT:
“No person…shall be compelled in any
criminal case to be a witness against himself.”
Basically, the right of the people not
to testify against themselves.
Miranda RIGHTS
• “Extra-textual” protection: rights made by the
Supreme Court, not in the actual text of the
Constitution
• Right to remain silent
• Right to a lawyer
WHEN DO MIRANDA RIGHTS
APPLY?
CUSTODIAL
POLICE
INTERROGATION
WHAT IS CUSTODY?
• Where a reasonable person would
not feel free to leave
• Not just an arrest
• If you voluntarily go to the police
station, it is not custody
Terry Stop & FRISK
• When an officer stops someone and pats
them down – not custody
• Officer needs reasonable suspicion that the
person has committed or is about to commit a
crime, or is armed and dangerous
• Officers are not required to read Miranda
rights
• BUT as soon as officer makes an arrest, must
read Miranda rights
WHAT IS INTERROGATION?
Direction questioning
OR
Interaction that is reasonably
expected to get a response
If an officer reads your
MIRANDA rights, what are
your options?
• INVOKE: exercise your rights
–Stay silent and/or get a lawyer
• WAIVE: agree not to use these rights
–Talk to police with or without a lawyer
INVOKING YOUR RIGHTS
YOU MUST BE VERY CLEAR!!!
You must clearly ask for a lawyer
The following are not clear enough:
-
“I think I would like to talk to a lawyer”
“Can I call my lawyer?”
“Maybe I should call a lawyer”
“I don’t think I want to say anything more
until I talk to a lawyer”
INVOKING YOUR RIGHTS
YOU MUST BE VERY CLEAR!!!
You must clearly say you’re staying silent
Your actions can be used against you even
if you have not said a word.
After invoking your rights
Your actions or words can still be
considered a waiver
- If you ask something like, “What is going
to happen to me?” this will waive your
right to remain silent
- BUT basic conversation does not count –
you can ask for water, etc.
Other important
things to know
• Exercising your rights cannot be used
against you
• Physical evidence the police find can still
be used against you, even if they fail to
read you your rights
• Police can use trickery – they just can’t
“overbear personal will”
TAKEAWAY MESSAGES
BE CLEAR!
KNOW YOUR RIGHTS!
ACTIVITY
Should the confession be allowed?
• Was there custody?
– Would a reasonable person feel free to leave?
• Was there interrogation?
– Was there direct questioning or some interaction
reasonably expected to get a response?
If both are not present, the officer does not need to
read the defendant his or her Miranda rights.
ACTIVity
Scenario #1: the undercover agent
The statement CAN be used.
CUSTODY? No.
If the defendant does not know he’s talking to
an officer, it’s not custody.
INTERROGATION? No.
The undercover officer did not question the
defendant, he just listened to him talk.
activity
Scenario #2: the sudden confession
The statement CAN be used.
CUSTODY? Yes.
The defendant was under arrest in a police car.
INTERROGATION? No.
The officers did not directly question the
defendant or say anything that would likely
cause him to confess.
activity
Scenario #3: the speeding driver
The statement CAN be used.
CUSTODY? No.
Routine traffic stops are not custody because
they do not impair a person’s right to remain
silent.
INTERROGATION? Yes.
The officers did directly question the defendant.