Law Enforcement and Miranda Warnings Case Analysis

This paper will go through the first arrest that a new police officer did while responding to a house break in. It will show what a FTL would say to the new officer on how they did with the situation after the arrest. We will identify four issues during the arrest that related to the Miranda Laws. Then, we will try and relate these issues to a historical case. Later, we will carefully analysis the situation and see if we could resolve the issues or not. We will then go over how these issues could have been prevent from happening.

Law Enforcement and Miranda Warnings

The FTL should have told the arresting officer once he realized the suspect did not speak English, he should have notified his supervisor. If the young male was a juvenile, the officer should make sure to contact the suspect’s parents or legal guardian. Before the officer can even begin to read the suspects Miranda rights to him, two things need to happen. One if he is a minor, his parents need to be present with him. Two, since the suspect does not speak or understand English the officer’s supervisor mush find a professional interpreter that speaks that language. Most departments have either someone in the department or a call list of people that can do that. The officer or his supervisor should also make sure that the interpreter writes the Miranda Warnings out in the suspect’s language so he can read them and sign them. The case Florida vs Powell (08-1175) Mr. Powell was place into custody for suspicion of illegally owning a firearm. The officers said Mr. Powell waived his rights to counsel. They proceeded to question him in an interrogation room. Since Mr. Powell did not speak or understand English very well, the Florida Supreme Court over turned his case. Th...

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...e of criminal court proceedings and serves to protect persons in all settings. Especially in custodial interrogations when being questioned by law enforcement while in custody or deprived of freedom of action. The court made it very clear that the defendant has to be warned prior to any questioning so they fully understand they have the right to remain silent and the right to counsel being present. They also need to understand that if they cannot afford counsel one will be appointed to them by the courts before any questioning. The Supreme Court reversed the cases Miranda, Vignera, Westover and then affirmed the Stewart case in California.

Works Cited

Criminal.findlaw.com

Peak, K. J. (2013). Policing America, Vitalsource for Kaplan University [VitalSouce bookshelf version]. Retrieved from http://splashurl.com/qc99jsl

www.usconstitutionnet/miranda.html