STREET LAW: Miranda rights

ENTRY TASK

• Describe a time when someone wanted to talk about something or asked you about something you didn’t want to talk about.

– What happened?

– How did it make you feel?

– How did you respond?

– Did you feel free to say no?

What to do if you’re stopped by police Video: ACLU & Elon James White http://www.youtube.com/watch?v=ti2-NjnalFU

What to do if you’re stopped by police 1. Yes. You can – and should – say “I’m remaining silent.” 2. Yes. You can tell the police they do not have permission to search your things. 3. If you’re arrested – all of the above (do not resist, call a lawyer, keep your hands in sight) 4. Yes. You still have rights, even if your papers are not with you. 5. Yes. You can ask the officer if you can leave. And if he/she says yes, you should do so peacefully.

Miranda rights

Important things you should know!

The 5

th

Amendment

TEXT: “No person…shall be compelled in any criminal case to be a witness against himself.” Basically, the right of the people not to testify against themselves.

Miranda RIGHTS

• “Extra-textual” protection: rights made by the Supreme Court, not in the actual text of the Constitution •

Right to remain silent

•

Right to a lawyer

WHEN DO MIRANDA RIGHTS APPLY?

CUSTODIAL POLICE INTERROGATION

WHAT IS CUSTODY?

• Where a reasonable person would not feel free to leave • Not just an arrest • If you voluntarily go to the police station, it is not custody

Terry Stop & FRISK

• • • • When an officer stops someone and pats them down – not custody Officer needs reasonable suspicion that the person has committed or is about to commit a crime, or is armed and dangerous Officers are not required to read Miranda rights BUT as soon as officer makes an arrest, must read Miranda rights

WHAT IS INTERROGATION?

Direction questioning OR Interaction that is reasonably expected to get a response

If an officer reads your MIRANDA rights, what are your options?

• INVOKE: exercise your rights – Stay silent and/or get a lawyer • WAIVE: agree not to use these rights – Talk to police with or without a lawyer

INVOKING YOUR RIGHTS

YOU MUST BE VERY CLEAR!!!

You must clearly ask for a lawyer The following are not clear enough: - “I think I would like to talk to a lawyer” - “Can I call my lawyer?” - “Maybe I should call a lawyer” - “I don’t think I want to say anything more until I talk to a lawyer”

INVOKING YOUR RIGHTS

YOU MUST BE VERY CLEAR!!!

You must clearly say you’re staying silent Your actions can be used against you even if you have not said a word.

After invoking your rights Your actions or words can still be considered a waiver - If you ask something like, “What is going to happen to me?” this will waive your right to remain silent - BUT basic conversation does not count – you can ask for water, etc.

• Other important things to know Exercising your rights cannot be used against you • Physical evidence the police find can still be used against you, even if they fail to read you your rights • Police can use trickery – they just can’t “overbear personal will”

TAKEAWAY MESSAGES

BE CLEAR!

KNOW YOUR RIGHTS!

ACTIVITY

• • Should the confession be allowed? Was there custody? – Would a reasonable person feel free to leave?

Was there interrogation? – Was there direct questioning or some interaction reasonably expected to get a response?

If both are not present, the officer does not need to read the defendant his or her Miranda rights.

ACTIVity

Scenario #1: the undercover agent The statement CAN be used. CUSTODY? No. If the defendant does not know he’s talking to an officer, it’s not custody. INTERROGATION? No. The undercover officer did not question the defendant, he just listened to him talk.

activity

Scenario #2: the sudden confession The statement CAN be used. CUSTODY? Yes. The defendant was under arrest in a police car. INTERROGATION? No.

The officers did not directly question the defendant or say anything that would likely cause him to confess.

activity

Scenario #3: the speeding driver The statement CAN be used. CUSTODY? No. Routine traffic stops are not custody because they do not impair a person’s right to remain silent. INTERROGATION? Yes.

The officers did directly question the defendant.