The Basics of Miranda

Requirements for Miranda: In order for Miranda to be applicable, you MUST have both custody and interrogation. If you are missing either condition, then Miranda simply does not apply. If you take nothing else from this writing, please remember this simple formula. For some reason, the judicial system and law enforcement have struggled with this simple concept. Let’s look at each factor more in depth.

Custody: Custody can be thought of as formal arrest, or “restraint of freedom of movement of the degree associated with formal arrest.”  So, if an individual is placed under arrest, then he is in custody for Miranda purposes – but this does NOT extend to investigative detentions simply because a suspect is not free to leave.  However, if one is detained (not arrested) and restrained in a way associated with formal arrest (handcuffs, placed in a jail cell, etc), then he is likely in custody when it comes to Miranda.

Interrogation: This concept is also easy to determine. The easy case is where a police officer asks an individual incriminating questions. This is obviously interrogation. However, any conduct “reasonably likely to elicit an incriminating response” is also interrogation for Miranda purposes. The classic case involves two detectives conversing about the dangers of a discarded firearm within earshot of the arrestee. Although they never spoke to the defendant, their conduct was designed to cause a range of emotions in the accused which led him to disclose the location of the gun.  

Waiver: After being advised of his rights, the defendant must waive those rights and agree to speak to the police. Express waivers, the accused telling you he waives or signing a written waiver, are easy to prove. Oftentimes the wavier question is built into the standardized waiver form. The Supreme Court has held, “Where the prosecution shows that a Miranda warning was given and that it was understood by the accused, an accused’s uncoerced statement establishes an implied waiver of the right to remain silent.”

Miranda Resource:  Here is a link to an article I wrote called, Miranda Made Simple.  I hope it helps. 

Brian’s Article on Miranda