Miranda Rights
                  
Suspects must be informed of their Fifth Amendment rights once they are in
custody. Any statement made by a suspect in custody before he or she is
apprised of these rights will be inadmissible. Suspects must be informed of
the following:
You have the right to remain silent.
Anything you say can and will be used against you in court.
You have the right to consult with an attorney and have an attorney present
during questioning.
If you cannot afford an attorney, one can be provided to you before
questioning at no cost.

These rights must be presented to the suspect due to the fact that the U.S.
Supreme Court has held that being interrogated while in custody is an
inherently coercive situation. Miranda v. Arizona, 384 U.S. 436 (1966). A
suspect is entitled to the Miranda rights regardless of the nature or severity
of the offense. Berkemer v. McCarty, 468 U.S. 420 (1984).

There is no requirement that an officer use the precise language of the
Miranda decision. A warning is sufficient as long as it reasonably conveys
the above rights to the suspect, regardless of whether or not the officer
quotes the Miranda decision verbatim.

A suspect is only accorded the Miranda protections during a custodial
interrogation. Both elements (i.e., custody and interrogation) must be
present before the requirement that the warnings be given arises.  The
failure of a Police Officer to issue the required warnings may render the
statements obtained inadmissible, there is no requirement that a case be
dismissed completely even if a Judge finds a person's rights were violated..

This area of the Law is extremely complex, a Lawyer should be consulted to
determine if a violation has occurred.


San Pedro Criminal Defense Lawyers
Criminal Defense Lawyer in Long Beach California
Exclusively Criminal Law
444 West Ocean Avenue
Long Beach CA 90802