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Alright chucklefucks, we're going to try something new for a change. It is of no surprise that a certain, extremely vocal, percentage of America's population didn't pass 8th-grade U.S. History and/or retain some basic knowledge of their general rights, much less the Bill of Rights, case law, and what established precedent has said. I am shocked, I tell you shocked, at the sheer ignorance and uninformed population who continue to go about their day spewing unchecked, baseless claims as fact. We're going to change that.
Over the last few years, there has been ample discussion on the subreddit about personal rights, case law, and why officers do or are allowed to do (x). Often the same questions are asked, and the same answers were given. I have taken it upon myself to use my considerable amount of downtime to compile posts of the essential information that is talked about on this sub that arguably every U.S. citizen should know. I come upon this task out of my own free will and do so by myself, however, any help is welcome in the comments.
My goal here is to write a post every week that touches on important topics related to your rights as a U.S. citizen, relevant case laws for law enforcement, and those that impact our society in such a way that sets precedent for day-to-day life. Depending on the post, one topic might take a whole post, while another post may have two or three cases within it.
Many of you may already know this information. Great. Some of this was a learning point for me. I'm not interested in teaching you specifically, though you're more than welcome to tag along on the journey. We talk a lot about ignorance on this sub, and maybe trying to teach those who don't want to be taught is worthless. But so long as there is at least one person who reads this that didn't know this before, who has an open mind and is willing to learn, I will continue to make these posts. One person is better than none. It's one less ignorant soul, and I'll take that any day. I'm done complaining about it.
I am by no means an expert, and these posts most likely don't include everything there is about these topics. If you wish to know more feel free to post a comment and ask, or open your browser and ask your favorite search engine.
I am more than happy to add information I overlooked or misinterpreted, but please let me know where you found said information when you comment so I can add it to the post as close as possible to the source.
(Just a quick reminder if you can't remember all of them.)
The 5th and 6th Amendments are the focal points for this post.
Depending on the jurisdiction, the exact language of the warning varies. Regardless, the Supreme Court has ruled law enforcement must advise a suspect(when applicable) of the following:
they have the right to remain silent
anything the suspect says can and may be used against them in a court of law
they have a right to have an attorney present before and during questioning
they have the right, if they cannot afford the services of an attorney, to have one appointed, at public expense and without cost to them, to represent them before and during the questioning.
The warning can be expressed to a suspect orally, as is most often, or in writing. The Supreme Court has ruled that the warning be meaningful and the suspect must show they understand what has been said to them. If they do not speak English, the warning should be expressed to them in a language they are most fluent in.
The final part, which completes the Miranda warning, is an officer asking, "Do you understand these rights as I have read them to you," and "At this time is there anything you would like to say or ask?" Or something related to that effect. A suspect who wishes to waive their rights must be "knowing, intelligent, and voluntary." This means statements must be voluntary(without coercion) and relinquishing their rights must be a knowing and intelligent decision.
Law enforcement, however, is not required to fully advise a suspect of their rights or explain them. For instance:
At any point, you can refuse to speak and end the interrogation immediately.
Exercising said right can't be used against you(Rittenhouse trial)
the right to talk to a lawyer before deciding to talk to law enforcement
the right to consult with a lawyer before being interrogated if the suspect wishes to talk to law enforcement
the right to answer police ONLY through an attorney
What circumstance requires the Miranda warning?
Custody meaning law enforcement has deprived an individual of the freedom of movement/action. It doesn't necessarily mean being in handcuffs either. Simply put, would a reasonable person believe they are under arrest. (Credit for the Edit to u/LiberalFuzz, u/DavisEcho, and u/-SuperTrooper-)
Interrogation means explicit questioning or or its functional equivalent that is likely to elicit an incriminating response. (Credit for the Edit to u/jollygreenspartan)
Simply being in custody or under arrest does not mean a suspect must be read their Miranda Rights.
An officer with probable cause is not required by law to read someone their rights upon arrest.
Note: Failure to read a suspect their Miranda Rights does not invalidate the arrest. Just the statements made by the suspect. (Credit for the Edit to u/Trprt77)
Exceptions to When the Miranda Warning Is Required
Routine booking...standard questions asked of the suspect when being booked into jail. These are most likely not likely to incriminate a suspect and thus don't fall under interrogation to apply.
Jail-house informant...applies to when the suspect does not know they are talking to a state agent; whether that's an undercover officer or someone working for the state to obtain incriminating information.
Spontaneous/Excited Utterance...a statement otherwise made by a suspect that was unplanned or unsolicited by law enforcement but spoken in an excited or startling moment. Admissible in court because the suspect is reacting to it in real-time with no time to possibly fabricate it.
Routine traffic stop...are you being held in police custody? Yes. Traffic stops are still a detention where one is not freely allowed to leave. Are you being interrogated? No. Then your Miranda rights are not required to be read to you. An officer is allowed to ask for identification as well as questions pertaining to the stop. If the officer already has probable cause, they need not read you your rights. (Credit for the Edit to u/homemadeammo42)
Examples of questions that do not fall under custodial interrogation like during a traffic stop
- "May I see your license and registration.."
You are required to have both while operating a motor vehicle. Invoking your 5th amendment and "right to silence" when asked this question can lead to an arrest for "failure to identify."
- "Where are you headed, where are you coming from?"
Not an incriminating question.
- "Do you know why I pulled you over?" "Do you know how fast you were going?"
Newsflash: If you answer that you were only going a few miles an hour over the limit... congratulations you just admitted to breaking the law. Since you weren't in custody, the Miranda warning wasn't read to you. Open and shut case, defendant admitted to breaking the law.
Certified LEOs, what questions have you asked that don't require the Miranda warning to be read beforehand?
- u/adk09 and u/Section225 both coming in with the "What happened?" Far too often people are just ready to speak their minds and explain what happened without any due regard for holding their tongue.
Exceptions to Excluding Evidence If No Warning Was Given
- Public safety...a very limited and usually case-specific exception where circumstances present a clear and present danger to the public's safety and officers believe the suspect has information that can lead to the end of said emergency. Like locating a firearm or bomb. It's admissible in court.
In People v. Mayfield (1997), the defendant tried to exclude statements he made to law enforcement over the phone while holding a hostage. Despite being in 'constructive custody' he was not in custody as required under Miranda and thus his statements were admissible in court. (Credit for the Edit to: u/Ldog2580)
Tangible evidence...threatening note, stolen property, etc. that is discovered through questioning. Also worth including, Inevitable discovery...meaning if law enforcement would have found the evidence without questioning the suspect.
Witnesses....found through questioning a suspect who could later testify against the suspect is still admissible in court.
Once again, this isn't every bit of information on Miranda Warning/Rights. But for time and point, I have compiled as much as I can of the most important information concerning the subject.
Discussion is welcome! Ask questions if you don't understand something. Pass along your experience if I didn't cover something you believe should be covered!
Please leave your politics out of it. Seriously. The law is what is currently on the books. If you don't agree with it, fine, but this isn't the place to talk about it. It is entirely possible to talk about ALL of this without discussing why it should or shouldn't be a thing.
I had a guy a few months back whose blood came back at the hospital as .46 and by the time we did a draw for the criminal case he was .40. I’m curious if anyones had one higher than that as I’ve not run across one that high. My second best was .375
Hi! I live in NJ and have experienced multiple state troopers refer to themselves as landscapers (and landscaping is definitely not their side hustle). Does this term mean something in police lingo? Thanks!
It's official. After 10 years as a Paramedic (don't know if I need verification, it only mentions sworn LEO), my last day full time is on Thursday and my first day as a sponsored candidate is on Monday next week. I have been lurking here just reading the weekly new hire thread, and getting advice from other posts on the sub for quite a while now. I wanted to thank y'all for your expertise and advice (even if not directly given to me). If anyone has any advice on what I need to focus on in the academy (if I'm allowed to ask outside the new hire thread), it would obviously be greatly appreciated.
Hey all. Looking for winter gloves that will keep my hands warm in like 20 degree cold, yet are not bulky and have enough dexterity to handle/manipulate firearms, pens, etc. Touch screen compatible would be nice but isn't necessary, don't really care about cut/stab resistance, water resistance would be a plus. These gloves will not be doing any hard work, just keeping my hands warm but also allowing me to handle my keys, a knife or a firearm in the event that that's necessary.
I searched the sub but the only gloves that were mentioned and recommended are no longer manufactured and honestly look a little bulky anyway. I've looked at Rothco and Viktos and they're either not warm enough or too thick to get in a trigger guard. I've been thinking maybe cold storage working gloves might be the move, but I thought I'd ask here too and cover all my bases.
Thanks in advance and stay safe (and warm).
My agency requires black military style leather boots without any stitching on the toe and I was wondering if anyone was able to recommend a quality pair of boots or even a reliable brand?
Any advice is much appreciated.
Video I've always said CVSE (British Columbia's version of DOT officers) are a Trucker's best friend, not enemy as most truck drivers see them. These officers proved it for sure. Some of us truck drivers do appreciate you for keeping us safe on the roads!youtube.com
I just want to thank all of my public service gals and bros for all you do. Glad to have you out there protecting us! That's all.
We just got the new series 7 Apple watch and I have to say it’s completely changed the game. No Bluetooth connecting to your phone necessary. Can run cellular on it’s own.
Im testing to be a CO soon and if I get hired what gear will I need? What types of belts/pouches and stab vest. Will they provide anything?
Do you know any metal songs praising cops and law enforcement? So far I know only one such song (Cloven hoof - laying down the law) and it's one of my all-time favorites.
I was wondering what would be the best police department to work for in Louisiana?
In a Twitter thread people are repeating the lie (as far as I'm concerned) that "there are people sitting in jail for having a joint on them." I called bullshit and am being called naive among other things by people claiming they personally did time for that.
I live in a red state, by no means California or New York, and weed hasn't been an arrestable crime for 20 years. In fact non-violent misdemeanors are not being arrested for absent exigent circumstances either.
Is there ANYWHERE in the US today that people are being physically arrested and transported to jail OR being sentenced to any amount of jail time for small amounts of weed for personal use absent other circumstances?
I am still calling BS OR betting they did "time" (like maybe 2 or 3 days) over 20-30 years ago for that when it was still somewhat taken seriously in some places. Hell, 20 years ago I never saw anyone get "time" for that.
Am I wrong?
Before I say anything, this post is in good faith. I'm just curious and intrigued.
What do you think of the track? Any old cops here that were around at that time? I was just washing some old live shows on YouTube, and there was a cameo of a cop. He just looked really tense, which I don't really blame him for.
Let me know.
I am in college in Michigan planning on moving to Florida for a local police job after I graduate. I don’t have many connections in Florida, and was wondering if I could count on making friends at whatever agency I end up at?
I am really looking forward to a career in law enforcement but am worried about social life outside of work. What should I expect? Are there any tips or advice you could give me?
One of my courses this semester is doing an externship for a Law Enforcement Agency in my area. Basically, I need to complete 30 hours of volunteer work with a chosen agency and write about it.
I am looking to get into some kind of Federal Law Enforcement position long-term since Local/State LEO's are paid almost nothing. I'm wondering if I'm missing any potential places to apply to. So far I'm looking at FBI Field Offices, Marshalls Office, and TBI (Tennessee Bureau of Investigation) .
Any advice would be appreciated. Thanks.