Law Office of Paul W. Hamilton

You Have the Right to Remain Silent….What happened to Miranda?


miranda-300x201I’ve heard this story before but ran across it again in the wake of the discussion regarding the Boston bomber and law enforcement’s initial decision to withhold reading him his Miranda rights.

Before Miranda was decided, no warnings were necessary before a suspect was questioned. Here’s an article about the man the case is named after–it’s interesting.

One final note. I am often told, the police didn’t read me my rights. Well, they don’t have to if they don’t ask you any questions. Further, when officers are gathering initial information, they generally don’t have to read you your rights–one area this applies is in initial DUI stops—criminal defense lawyers have pushed and pushed to have motorists Mirandized before police question drivers but the courts have not required it. However, when you placed under arrest, law enforcement should read the miranda rights if they wish to continue questioning you–if they don’t, any material the obtain my be subject to being suppressed.

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