Miranda warning

Okay.

You've heard the Miranda rights before on TV or something, but anytime anyone's in a police station, I've got to read them their rights, okay? You do have the right to remain silent.

Anything you say you can will be used against you in the court of law.

You have the right to talk to a lawyer and have a lawyer present with you while you're being questioned.

You know, tell me about you.

Before we even start talking, I am going to read you what's called Miranda Rights.

Because based on some of the questions, things we're going to talk about, I just need you to make sure you're aware of your rights, okay? Because you are in a police station and you're going to be asked some things, okay? So let me read these.

If you have any questions, please ask me, okay? You have the right to remain silent.

let's see

uh you mentioned uh you know the movies and you know we've all you know we all see it on tv uh this uh this idea of of you know miranda rights and you know but in real kansas cases you know if the officer didn't read you your rights immediately during the arrest does that actually mean the case gets thrown out

No, that's a frequent misconception.

And oftentimes I get calls from people saying, hey, I didn't have my Miranda rights.

And they think it's going to be a get out of jail free card.

So what we're talking about is the Miranda rule, which says that law enforcement must advise you of your right to remain silent if they have you in custody and they intend to ask incriminating questions.

If you don't, that's fine too.

Okay? This is your Miranda rights.

Obviously, I know you can read and write.

You're highly educated.

Summer is advised of her Miranda rights, but claims she isn't ready to sign the waiver.

Okay, you're making me feel, I guess, intimidated and

child who's dead.

I don't cut corners All right.

So what I have to do is I have to read you what's called your Miranda rights You might have heard them before it's on cops And we'll read along together and then then I can you know, get your side of the story about what happened Okay.

Okay, Michelle.

So I got a form here.

then Jeffrey Rosen.

He ran the National Constitution Center for over a decade and makes the case on both sides of how far this right actually reaches, starting 300 years before what's known as the Miranda Rights.

Let's start at the beginning.

Thomas Dougherty teaches American Studies at Brandeis University.

And you also have a right to representation remains one of the most well-known parts of American criminal procedure.

And that's why it's so deeply enshrined in our constitutional tradition.

I think we're going to do an entire separate show on just Miranda rights in the near future.

One question I have to follow up on on the historical context of If the king's star chamber didn't like your answers, what was the punishment?

Again, that's PendulumLife.com slash prosecutors and get almost half off today.

But what did the Supreme Court say? So the Supreme Court held that that roadside questioning of a motorist detained pursuant to a just routine traffic stop does not constitute custodial interrogation for the purposes of the Miranda Rule.

Although an ordinary traffic stop curtails the freedom of action of the detained motorist and imposes some pressures on the detainee to answer questions, such pressures do not sufficiently impair the detainee's exercise of his privilege against self-incrimination to require that he be warned of his constitutional rights.

So a traffic stop is usually brief and the motorist expects that while he may be given a citation, in the end, he most likely will be allowed to continue on his way.

Okay

... and, uh, before we do talk to you, I do need to provide you with your Miranda rights, okay?

Okay.

Uh, have you ever had these read to you before?

Um, that way we can find these items.

What...

I know reading Miranda rights, everything, that all means that I'm under arrest.

What's my situation?

Miranda was Ernesto Miranda.

And that's why Miranda is in Miranda rights.

And that's your Alexis Minute.

I'm Alexis Knight.

So, um, you're, you're not under arrest at this time, okay? I don't want you to think that.

But because you are up here being interviewed, and y- you know, you're with here, up, up here with us with the sheriff's office, um, my policy is I gotta read, uh, Miranda rights to you, okay, just so you know what your rights are.

All right? It's a, just a standard procedure, okay?

My rights are, I already know.

You already know them? Okay.

But I-

I already know my Miranda rights, but I know-

Great