POLS 4720 Lecture Notes - Lecture 18: Miranda Warning
5 May 2018
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-The requirement for getting read their Miranda rights is when they are in custody or
being questioned. Joe is not in custody and Joe was stopped on a random corner by only
one detective. The officer didn’t use any physical restraints and was not coercive, his
Miranda warnings did not have to read. Therefore, he does not have to be read his
Miranda warning in that aspect. In the other aspect of questioning, because the officer
asked questions about the robbery that are likely to produce incriminating responses, this
was an interrogation and needed to be read his Miranda rights. Because Joe was
interrogated and not read his rights, the statements cannot be used in court.
-If the police arrest a suspect and begin to read him his Miranda rights, but the suspect says, “I
know my rights - don’t worry about it.” The police do not finish reading him his Miranda rights.
He then tells the police he has a gun in his car. The suspect is a convicted felon and the police
retrieve the gun out of his car. The only reason the police search his car is based on his
statement. Can the gun be used in court?
-A valid waiver of Miranda must show that the suspect voluntarily waived his or her
rights and that this waiver was done knowingly and intelligently. Because the suspect told
the police that he knew his rights and continues to tell the police that he has a gun in the
car, a reasonable person would believe that he waived his rights. In the case of North
Carolina v Butler, Supreme Court ruled that a knowing waiver can be inferred from the
actions and words of the person interrogated (Oyez, 1979).
-The police suspect me of a burglary. While I am in custody, the question me without reading me
Miranda . I make several incriminating statements. I tell them I am hungry and they provide me
with dinner from a fast food restaurant. Then, the detective reads me Miranda and I agree to
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Document Summary
The requirement for getting read their miranda rights is when they are in custody or being questioned. Joe is not in custody and joe was stopped on a random corner by only one detective. The officer didn"t use any physical restraints and was not coercive, his. Therefore, he does not have to be read his. In the other aspect of questioning, because the officer asked questions about the robbery that are likely to produce incriminating responses, this was an interrogation and needed to be read his miranda rights. Because joe was interrogated and not read his rights, the statements cannot be used in court. If the police arrest a suspect and begin to read him his miranda rights, but the suspect says, i know my rights - don"t worry about it. the police do not finish reading him his miranda rights. He then tells the police he has a gun in his car.
