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Miranda RIghts Must Be Knowingly Waived When Questioned by Police

How many times have you heard these words on television shows or in the movies? Countless times! However, many people, especially juveniles, do not really know what the words mean, or why it is important to keep quiet until they have had a chance to confer with a lawyer.

Although for many years before, FBI agents had routinely been advising suspects of these rights prior to questioning them, it was not until the United States Supreme Court issued its decision in Miranda v. Arizona in 1967 that this FBI practice became “the law of the land.” The reason for the change is that police officers sometimes obtained confessions that were unreliable because the person questioned was ignorant of his right not to answer questions put to him by police, did not realize that trained police officers questioning him were not just “chewing the fat” or “needing your help in solving a case,” but were trying to make a case against him; nor that they used tactics to overcome his will and coerce a confession, including in some cases, deprivations of such things as sleep, food, water and bathroom use in order to get a confession.

If a person gives a confession in violation of his Miranda rights, that confession cannot be used against him in court. It’s as simple as that! But not all questioning by police requires a Miranda warning. The Miranda warnings have to be given before questioning begins after the person is in custody. Note, I did not say, “under arrest.” A person under arrest is certainly “in custody.” However, a person is “in custody” when the police have indicated to him either verbally or in some other manner that he is not free to leave or walk away from them – even if they say, “you’re not under arrest.”

Therefore, before answering any questions posed by the police, the first thing you should ask is if you are free to leave without answering any questions. If the answer is ”no,” then decline to answer them until you confer with an attorney. You may be glad you did!

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