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As mentioned before. Miranda rights apply to custodial interrogations, or questioning. Interrogation refers not only to questioning, but also to me words or actions on the part of police that they should know are reasonably likely to elicit an incriminating response from the detainee. However, Miranda rights do not apply to spontaneous statements that are not made in response to interrogation, even if officers must give the warnings before any follow-up questioning. Also, Miranda does not apply to routine booking questions such as name, address, age, etc. This is so even when the booking process has been taped and may be used as evidence.
One US Supreme Court case dealt with police comments about the danger again would present to handicapped children. This comment resulted in the robbery suspects leading them to a weapon. It was held that the comment did not constitute interrogation when officers were not aware of the suspect was especially susceptible to an appeal to his conscience. Also, allowing a suspects wife to talk to him the presence of an officer who was taped in a conversation with the spouses knowledge did not constitute an interrogation.
The person is detained by police has several options after receiving notice of his Miranda rights. For one, he can do nothing. If the detained person does not respond at all to the Miranda warnings, the court will not assume that he waived his rights. On the other hand the court also will not presume that the detained person has asserted his right to remain silent or to consult with an attorney. Therefore the police may legally continue to question the detained person. Secondly the detained person can waive his rights. To be valid the law enforcement authority must show by a preponderance of the evidence that the waiver was knowingly and voluntarily given. To determine whether not the waiver was knowingly and voluntarily given, the court will look at the totality of the circumstances. If the prosecution can show that the detainee receive Miranda warnings and then chose to answer questions, that is likely sufficient. For example in one US Supreme Court case the detainee barely setting thing after receiving Miranda warnings. However the court held that he voluntarily waived his right to remain silent when he responded yes to incriminating question posed three hours into his questioning.
As Tulsa criminal defense attorney Stephen Cale has repeatedly said, you should never talk to police. The only thing that you should tell polices that you want a lawyer. If you’ve been arrested. Call the Cale Law office right away at 918-277-4800 for your free initial consultation.
Unfortunately, the US Supreme Court allows for trickery by the police. If Miranda warnings are given, voluntary confession will be admissible even if the police lied to suspects lawyer about their intent to question the suspect failed to inform the suspect of his lawyers attempting to see him as long as adversarial judicial proceedings have not started. Important to note that anytime before or during police questioning, suspect may indicate that he wants to remain silent. Such an indication must be explicit, ambiguous, and equivocal. So, for example, a suspects failure to answer does not constitute invocation is right to remain silent. However if the suspect indicates explicitly, and vigorously, and unequivocally that he wants to remain silent all questioning related to the particular crime stop. However please can resume questioning they sleep on her suspects request. This means that very least police may not enter the detainee to talking this way to a significant time for reinitiating for example the US Supreme Court, allow police to reinitiate where one police neatly sees questioning suspects request present for several hours to a suspect was reborn as rinds and three question was to crime is not the subject is this reemphasizes the importance that persons should never talk to the police.