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Miranda warning Tag

28 February
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The Bottom Line on the Miranda Warning

Posted by Clint
in Blog
The Bottom Line on the Miranda Warning

While many Oklahomans have heard of the Miranda warning, not all realize its purpose, meaning, and implications for a criminal case. What Is the Purpose of the Miranda Warning? The Miranda warning alerts people who are being held in custodial interrogation by the police of their rights, including: The right to remain silent, The right to consult with an attorney and have the attorney present during police questioning, and The right to have an attorney appointed if you are unable to pay for one. What Is the Meaning of the Miranda Warning? In theory, the Miranda warning is supposed to prevent a situation when...

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14 March
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Custodial Interrogation During Traffic Stops

Posted by Clint
in Blog
Custodial Interrogation During Traffic Stops

The question of when custodial interrogation starts during traffic stops has challenged courts for many years. Choosing a definite rule as to when someone is in custody affects the timing of Miranda warnings. If a police officer waits too long to read Miranda warnings during a stop, the driver can challenge admissibility in court of any statements he makes after the stop becomes custodial but before the warnings are read. In one of many attempts to determine when “custodial interrogation” begins, the Supreme Court considered the case of Berkemer v. McCarty, 468 U.S. 420 (1984). In the case, a state police...

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13 September
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What Kinds of Roadside Questions Require a Miranda Warning?

Posted by Clint
in Blog
What Kinds of Roadside Questions Require a Miranda Warning?

Roadside questions from law enforcement – are they legal if you have not been given a Miranda warning? What kinds of questions can the police ask? Two key Supreme Court opinions in the cases of Berkemer v. McCarty and Pennsylvania v. Muniz address and (mostly) answer these common queries in the context of DUI cases. In Berkemer v. McCarty, 468 U.S. 420 (1984), a police officer pulled over a driver whose car was swerving in and out of its traffic lane. After the officer pulled over the driver and noticed his difficulty standing and slurred speech, the officer asked the driver...

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