Miranda Rule Exceptions
What is a Miranda Warning?
A Miranda Warning is the procedure followed by the police when they take someone into custody to be interrogated. If the proper warnings are not given, and a custodial interrogation occurs, all statements made by the defendant are inadmissible. The suspect needs to be made aware of the following if Miranda is properly followed:
- Informed of his right to remain silent
- The consequences of waiving said right
- Their right to retain of have counsel appointed
Are there Exceptions to the Miranda Rule?
The following are situations where courts have deemed that Miranda is not necessitated:
- Even if a suspect is in custody, officer's statements do not meet the standard of custodial interrogation unless they are either express or equivalent statements, which are reasonably likely to illicit an incriminating response
- Police hostage negotiations are not interrogations
- A secretly taped meeting between a suspect and a police officer, where the suspect attended voluntarily
- While in custody, Miranda is not required if the suspect is unaware that he is voluntarily talking to a police officer
- Police may ask standard booking question without necessitating Miranda warnings
- The police may question a suspect without reading Miranda warnings if such questioning is necessary for public safety
Should I Contact a Criminal Defense Attorney?
If you have been questioned by the police, and feel that your Miranda rights were violated, you may want to contact a criminal defense attorney in order to best determine if this violation constitutes a plausible defense. Because this area of criminal law is complicated, the counsel of an experienced criminal defense attorney may be beneficial when determining what are the best defenses to use in your particular case.
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Last Modified: 01-30-2013 11:46 AM PST