Tennessee Trial Lawyers Blog
The “Miranda warning” is a statement given by law enforcement to a suspect in custody, informing them of their rights. The warning is derived from the United States Supreme Court case, Miranda v. Arizona, 384 U.S. 436 (1966), which established the requirement for law enforcement to inform suspects of their rights before interrogating them.
The Miranda warning must include the following statements:
- The right to remain silent
- Anything said can and will be used against them in court
- The right to an attorney
- If they cannot afford an attorney, one will be appointed to them
If law enforcement fails to give the Miranda warning before interrogating a suspect, any statements made by the suspect may be inadmissible in court. This is because the failure to give the warning violates the suspect’s Fifth Amendment right against self-incrimination and Sixth Amendment right to counsel.
The legal analysis in cases where the Miranda warning is not given typically centers around whether the suspect was in custody and being interrogated at the time of the statements. If the suspect was not in custody or being interrogated, the Miranda warning is not required.
However, if the suspect was in custody and being interrogated, the court will consider whether the Miranda warning was given and, if not, whether the statements made by the suspect were voluntary. In other words, the court will look at whether the suspect made the statements freely and without coercion.
Miranda rights may be waived by a suspect if the waiver is made “voluntarily, knowingly, and intelligently.” Miranda v. Arizona, 384 U.S. 436, 444 (1966).
The Supreme Court of Tennessee explains that “voluntarily” under Miranda means that the relinquishment of the right to remain silent “is the product of a free and deliberate choice rather than the product of intimidation, coercion, or deception.” State v. Stephenson, 878 S.W.2d 530 (Tenn. 1994). Additionally, the statements must be made “with full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it.” Id. at 544.
If the court determines that the statements were involuntary due to the lack of a Miranda warning, then the statements will be suppressed and cannot be used against the suspect in court. This can significantly impact the prosecution’s case and may even result in charges being dropped or reduced.
It is important for clients to understand their Miranda rights and the importance of remaining silent when in police custody. Even if the Miranda warning is given, it is always advisable to remain silent and request an attorney.
Anything said to law enforcement can be used against the suspect in court, and even innocent statements can be misconstrued or taken out of context. By remaining silent and requesting an attorney, the suspect can ensure that their rights are protected and that any statements made are done so with the advice of counsel.
Furthermore, clients should understand that law enforcement may use various tactics to obtain information, including deception or coercion. By remaining silent, the client can avoid inadvertently providing information that may be used against them or falling prey to law enforcement tactics.
In conclusion, the Miranda warning is an essential component of the criminal justice system, designed to protect suspects’ constitutional rights. Clients should be aware of their Miranda rights and the importance of remaining silent in police custody. By doing so, they can ensure that their rights are protected and that any statements made are done so with the advice of counsel.