| Most people do not realize the significance of their | | | | court that a constitutional violation of Miranda |
| rights and privileges under the United States | | | | rights--which means either failing to warn when |
| Constitution, as well as under the Constitution of | | | | you were clearly a criminal suspect and it was |
| the State in which they reside or happen to be in | | | | clear from the circumstances that they were |
| at the time of being stopped by police. State | | | | arresting you and taking you into custody. |
| Constitutions often provide greater personal | | | | Additionally, permitting the police to search your |
| protection than the Federal Constitution, but are | | | | car, home or personal belongings without a search |
| required by law to provide, at minimum, the rights | | | | warrant is deemed a consensual search, which |
| guaranteed under the Federal Constitution. | | | | results in legalizing any contraband or evidence |
| Most importantly, we are all obligated to stop and | | | | found by the police to be used to prove that you |
| comply with police requests for identification, or | | | | committed a crime. If you do not consent to a |
| risk arrest for resisting arrest or interfering with a | | | | search, even if the police threaten that they will |
| police officer's duty. However, beyond that, the | | | | just go get a warrant and wait with you until a |
| Constitution protects our right to remain silent and | | | | warrant is issued, or even if the police state that |
| not be compelled to provide evidence against | | | | you did consent when you did not, your attorney |
| ourselves, our right to request an attorney before | | | | may be able to suppress the evidence by a |
| police questioning, and our right to be free from | | | | pre-trial motion based on the grounds that the |
| warrantless searches by law enforcement | | | | search was unconstitutional, the warrant was not |
| officers. | | | | properly issued, and any resulting evidence or |
| Many people think that by being cooperative with | | | | witness statements should also be suppressed |
| police beyond providing identification is the right | | | | because of the initial constitutional violation (the |
| thing to do. However, in my 25 years of | | | | latter ground is called the "fruit of the poisonous |
| experience as a criminal defense attorney, this | | | | tree" doctrine). |
| has always proven to be the worst thing you can | | | | If you are arrested and taken into custody, |
| do because the police will always use any | | | | whether you assert or waive your Constitutional |
| evidence obtained through your cooperation | | | | rights and privileges, after booking you, the police |
| against you and will always file a case against you | | | | are required to permit you to make a telephone |
| through the local, county or state prosecutors' | | | | call. You can call a family member who can |
| office. | | | | contact an attorney and bail bondsman for you. |
| Police are required to give a person "Miranda | | | | Make sure you advise them what police agency |
| warnings" before interrogating them in a custodial | | | | arrested you, and what police station you are in |
| situation. This means that police must advise an | | | | so they will be able to locate you to help you get |
| arrestee that: 1) you have the right to an | | | | out of jail by posting any required bail or bond. If |
| attorney; 2) if you cannot afford an attorney, an | | | | bail is an issue, all jails are required to post |
| attorney can be appointed to represent you; and | | | | instructions and phone numbers to determine if |
| 3) anything you say can and will be used against | | | | you are eligible for what is called "OR" release, |
| you in a court of law. A big issue in this situation is | | | | which means to be released on your own |
| determining at what point an individual is | | | | recognizance, without the requirement of posting |
| considered to be in custody for legal purposes of | | | | bail, and on your own promise to appear. |
| necessitating that the police "Mirandize" you. | | | | Being aware of these most basic Constitutional |
| Technically, any time you are stopped by police | | | | rights and privileges, which are guaranteed to |
| and not free to leave, you are considered in police | | | | every United States citizen, and knowing that you |
| custody. You should always assert your | | | | have the freedom in this country to exercise |
| constitutional rights and privileges when stopped | | | | them when you are stopped by the police, is |
| by the police and request an attorney. If you do | | | | extremely important to your ability to defend |
| not do this, and you voluntarily provide | | | | yourself against any criminal charges that may be |
| information to the police (and sometimes just | | | | brought against you. While you may not legally be |
| knowledge of criminal activity is deemed criminal), | | | | able to resist being stopped or arrested and taken |
| your attorney will have a very difficult time | | | | into custody by the police in the first place, if you |
| defending you against charges that otherwise | | | | refuse to answer police questions beyond |
| might not have been proven, but for your own | | | | identification issues, if you request an attorney |
| incriminating statement against yourself. Although | | | | and if you refuse to permit the police to conduct |
| it is sometimes possible to suppress a statement | | | | a warrantless search of your property, you will |
| on grounds of undue coercion and police | | | | make it much easier for your attorney to |
| misconduct (often related to time in custody, | | | | represent you in the event criminal charges are |
| deprivation of food, medication, health issues and | | | | brought against you. |
| toilet privileges), this is much harder to prove in | | | | |