Blog posts relating to the best-known legal decision in the English-speaking world, Miranda v. Arizona, 384 US 436 (1966). If the police arrest you, they can’t question you without reciting the Miranda warnings. Were you questioned in violation of your Miranda rights? If so, any statements you made can’t be used against you at trial. Call me if you want to talk about filing a motion to suppress before your trial.
Miranda Warnings and Non-English Speakers
At the motion-to-suppress hearing, the police officer testifies: I read the defendant Miranda warnings, and I asked if he understood them. He said yes. I asked if he wanted to waive his rights and speak to me. He said yes. I asked if he had broken into the house and stolen the purse inside, and he said yes. Is that sufficient to show a valid Miranda waiver? Suppose that the defendant has dark skin, hair, and eyes and speaks with a heavy Spanish accent. Is it still enough? Would an immigration hold or Mexican driver’s license make a...
read more