Arrest Without Miranda Rights In Maricopa
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That's the importance of your Miranda rights: protection from self-incrimination. Miranda rights inform you of your right to remain silent and your right to have an attorney. Those are two very important elements of your defense.
However, law enforcement does not have to read Miranda rights (also known as “Mirandize”) to you before asking any and every question.
Miranda warnings are not required when the suspect is unaware that they are speaking to a law enforcement officer and gives a voluntary statement.
Strikingly, results showed that although the detective's demeanor had no effect, participants who were truly innocent were significantly more likely to sign a waiver than those who were guilty.
To determine whether a suspect has knowingly and intelligently waived Miranda rights, a court must appraise the “totality of the circumstances” including the suspect's “age, experience, education, background and intelligence” and “whether he has the capacity to understand the warnings given him, the nature of his Fifth ...
Because a waiver is defined as an “intentional relinquishment or abandonment of a known right,”6 the United States Supreme Court has ruled that Miranda waivers must be both “knowing” and “in- telligent.”7 While this is a fundamental rule, for various reasons it continues to be a frequent source of litigation.
Nonetheless, there are two exceptions to the required Miranda warnings for an in-custody suspect. The first is called the “rescue doctrine” exception and the second is called the “public safety” exception.
Once properly advised of Miranda rights, a suspect may waive them provided the waiver is voluntarily, knowingly and intelligently made.
