On 11/22/17, at approximately 2115 hours, 3225 W Gibson Ln. Phoenix, AZ 85009, Durango Jail housing unit 6, I randomly searched cell 17 and found a construction grade piece of fence sharpened on one end to make a point resembling a jail made shank. On 11/23/17, at approximately 1718 hours, I escorted Inmate Lemke, Tyler T372795 out of Durango 6 for questioning. I read Inmate Lemke his Miranda Rights from the standard issued Miranda Rights Card. I asked If Inmate Lemke understood his rights? Inmate Lemke stated, "Yes." I asked Inmate Lemke if he was willing to answer any of my questions? Inmate Lemke stated, "Yes." I asked Inmate Lemke If he knew if there was any known contraband discovered in his cell (#17) on 11/22? Inmate Lemke stated, "No." I asked Inmate Lemke if he was sure he had no idea that there was a shank in his cell? Inmate Lemke stated, "No." I asked Inmate Lemke If he knew who the shank belonged to? Inmate Lemke stated, "No." …show more content…
I reading Inmate Messer his Miranda Rights from the standard issued Miranda Rights Card. I asked If Inmate Messer understood his rights? Inmate Messer stated, "Yes." I asked Inmate Messer if he was willing to answer any of my questions? Inmate Messer stated, "Yes." I asked Inmate Messer If he knew if there was any known contraband. Inmate Messer stated, "No." I asked Inmate Messer if he was sure he had no idea that there was a shank in his cell(#17) on 11/22? Inmate Messer stated, "No." I asked Inmate Messer If he knew who the shank belonged to? Inmate Messer stated,
Miranda rights are the entitlements every suspect has. An officer of the law is required to make these rights apparent to the suspect. These are the rights that you hear on every criminal investigation and policing show in the country, “You have the right to remain silent, anything you say may be used against you, you have the right to consult an attorney, if you can no t afford an attorney one will be appointed for you.” After the suspect agrees that he or she understands his/her rights, the arrest and subsequent questioning and investigation may continue. These are liberties that were afforded to suspected criminals in the Miranda Vs Arizona. However, with every rule there also exceptions like: Maryland v. Shatzer, Florida v. Powell, and Berghuis v. Thompkins.
Elsen, Sheldon, and Arthur Rosett. “Protections for the Suspect under Miranda v. Arizona.” Columbia Law Review 67.4 (1967): 645-670. Web. 10 January 2014.
...e police officers. Miranda established the precedent that a citizen has a right to be informed of his or her rights before the police attempt to violate them with the intent that the warnings erase the inherent coercion of the situation. The Court's violation of this precedent is especially puzzling due to this case's many similarities to Miranda.
After an arrest is made, before they may begin questioning, they must first advise the suspect of their rights, and make sure that the suspect understands them. These rights are known as the Miranda Warnings and include: 1. What is the difference between a. and a. You have the right to remain silent and refuse to answer questions. 2.
Friedman, S. (2014, March 10). You have the right to ... not much: Why are there no 'Miranda rights'
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you can not afford an attorney one will be appointed to you” This may be differ from state to state as long as the concept is conveyed they was read their rights. Miranda Rights is mandatory across the United States due to the Miranda v. Arizona. In the following will explain what the 3 branches Judicial, Executive, and the Legislative have done to enforce this law or to change it, as well as the effect on the people.
From the moment an innocent individual enters the criminal justice system they are pressured by law enforcement whose main objective is to obtain a conviction. Some police interrogation tactics have been characterized as explicit violations of the suspect’s right to due process (Campbell and Denov 2004). However, this is just the beginning. Additional forms of suffering under police custody include assaults,
The Miranda warnings stem from a United States Court’s decision in the case, Miranda v. Arizona. There are two basic conditions that must be met for Miranda warnings to be required: the suspect must be in official police custody and the suspect must be under interrogation. The suspect goes through a booking process after an arrest. The suspect will have a bond hearing shortly after the completion of the booking process or after arraignment. The arraignment is the suspect’s first court appearance to officially hear the charges filed against him or her and to enter a plea. The preliminary hearing or grand jury proceeding determines if there is substantial evidence for the suspect to be tried for the crime charged. In this essay, I will identify and describe at least four rights afforded criminal defendants at the arrest stage and during pretrial. I will analyze the facts presented and other relevant factors in the scenario provided. I will cite legal authority to support my conclusions.
known to be sent via the mail to an inmate concealed in packages of all
Over the years the way law enforcement officers have been able to investigate cases has been drastically changed over the years. Investigations used to be a very prying, and vindictive matter. Now it is very delicate. Since the Miranda case, law enforcement has been very open and aware of defendants’ rights.
I asked Inmate Dennis if anything happened in the hallway on the way to intake and he stated, “No. They just kept pulling me. I was walking but they kept trying to make me look cracked out and that I was fighting. I don’t know why they were doing that. And then they threw me in the cell.” I asked Inmate Dennis if he said anything to the detention officers as they were walking down the hall and he said, “The only thing I asked was ‘why the fuck you grab me for?’”
Two police officers began interrogating him, and after two hours later the police officers came out with a written confession signed by Mr. Miranda. On the top of the confession was a paragraph that stated, “that the confession was made voluntarily, without threats or promises of immunity and "with full knowledge of my legal rights, understanding any statement I make may be used against me." Once at the trial the officers presented this evidence to the judge. With this explicit evidence the judge found Miranda guilty of kidnapping and raping. He was sentenced to jail from 20 to 30 years on each account. The Supreme Court of Arizona ruled that his constitutional rights were not violated, and also emphasized that Miranda never requested a counsel during his interrogation.
The Duhaime’s Law Dictionary defines Miranda Warning as: “A requirement that police officers, in the U.S.A., before any questioning is so begun, warn suspects upon arrest that they have the right to remain silent, that any statement that they make could be used against them in a court of law, that they have the right to contact a lawyer and that if they cannot afford a lawyer, that one will be provided”. If an officer fails to read the Miranda warning prior to questioning, any confession or information that is obtained will not be admissible in court.
The Miranda Rights themselves are “...part of a preventive criminal procedure rule that law enforcement are
For the past decade, many Right Wing organizations have sort to change many of the laws, governing our rights and freedom. These laws were passed by congress and upheld by the Supreme Court. The Miranda Warning is one of these laws. The Miranda Warning is intended to protect the guilty as well as the innocent and should be protected at all costs. Without the law, many suspects may be treated unfairly. It is a necessary safeguard.