Navigating Police Interactions: Miranda Rights

Police violence, brutality and accountability have been hotly contested topics within the last five years. With the death of Trayvon Martin, Michael Brown and Tamir Rice and a slew of videos showcasing police aggression, people are concerned about navigating these situations. Regardless of where you fall on the political spectrum, “knowing your rights” is important and your duty as a citizen/resident of the United States. Lucky for you, we have decided to create a section in the law journal dedicated to “knowing your rights." We hope this will help you navigate situations with the police. We will start with the Miranda Rights:

The Miranda Rights are the famous four lines a police officer must tell you when you are being taken in for questioning.

He/She/They will tell you 4 things:

1. You have the right to remain silent.

2. Anything you say can and will be used against you in a court of law.

3. You have the right to an attorney.

4. If you cannot afford an attorney, one will be appointed to you.

These four lines seem simple enough, but there are important nuances to them.

1. What happens if the police officer does not tell me my Miranda rights?

If an officer starts to question you without FIRST telling you the Miranda rights, then any statement you have made can’t be used against you in a criminal case. This includes CONFESSIONS.

Ex) Criminal A is arrested for robbing a candy store and is brought in for questioning. If the police officers start to question Criminal A without explicitly telling her the Miranda rights, then the police officer cannot use anything that Criminal A has said in that specific interrogation. Even if Criminal A confesses her guilt in the crime, the evidence must be discarded.

2. Can I wave my Miranda Rights?

Yes! You are given the right to an attorney, but you can wave your Miranda rights. If you are being interrogated and you make any statements, they can only be used as evidence if you wave your right to have an attorney and remain silent. There are two ways one can wave their rights:

Explicitly:

You can explicitly wave your right to remain silent and your right to an attorney if you either verbally state or sign a document waving those rights.

Implicitly:

For this to happen, you need to first be notified of your rights. Your behavior can be articulated as a waiver of your Miranda rights.

Ex) Criminal B is arrested for a crime. The police officer tells Criminal B his rights prior to interrogation. If Criminal B starts to make self-incriminating statements without an attorney then the police officers may use that as a reason to wave the Miranda rights.

3. What should I do if I get arrested?

This is a difficult question to answer because every situation is different and every officer is different. The number one thing I would do is LISTEN! If the officer does not give you your Miranda rights first, then keep a note of that and tell your attorney after interrogation. Second, regardless of whether you committed any crime or not, remain silent (make it explicit that you have the right to remain silent and to an attorney) and wait for your attorney to arrive. This may be the most difficult part because sometimes police officers can be brutal during interrogations. Your attorney is generally the best at helping you navigate these situations. He/she/they is a lot more experienced with navigating these

issues.

Sources:

http://criminal.findlaw.com/criminal-rights/miranda-rights-and-the-fifth-amendment.html

http://criminal.findlaw.com/criminal-rights/waiving-miranda-rights.html

#knowyourrights #law #mirandarights #policebrutality