While in custody‚ Miranda was interrogated by police for hours until he signed a written confession. Not once during the interrogation was Miranda informed of his rights to counsel or to remain silent. During the trial his court appointed attorney objected to the admission of the statement on the grounds that Miranda was not informed of his rights. Given the amount of evidence
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PolMonique King April 25‚ 2013 LP2 Assignment: Policing and the Constitution Probable cause: sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime. Probable cause must exist for a law enforcement officer to make an arrest without a warrant‚ search without a warrant‚ or seize property in the belief the items were evidence of a crime. Probable cause in my understanding means that a police officer cannot accuse you of a crime
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his rights‚ he signed a confession after two hours of interrogation. The signed statement included a statement that Mr. Miranda was aware of his rights. On March 13‚ 1963‚ Ernesto Miranda‚ a Mexican immigrant living in Phoenix‚ Arizona‚ was identified in a police lineup by a woman‚ who accused him of kidnapping and raping her. Miranda was arrested and questioned by the police for two hours until he confessed to the crimes. During the interrogation‚ police did not tell Miranda about his Fifth Amendment
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are simply a precaution to guarantee protection against self –incrimination. Without the Miranda rights‚ the treatment of criminals would not be fair. If a criminal remains silent throughout the interrogation ‚ the interrogation must stop and a the criminal asks for an attorney ‚ the interrogation must stop until the attorney
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Constitutional Rights & Protections Before Arrest Introduction The United States Constitution was a concept first derived from the repression citizens once suffered under British rule. Rights were determined by the crown and only extended to those citizens the monarchy felt deserving. Once accused of a crime‚ a citizen had very limited protection and guarantees of fairness and due process. In an effort to provide for guaranteed rights to those accused of a crime‚ the Constitutional
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Miranda Warnings Kaplan University Madeline Michell 09/19/2010 CJ 211 Professor HooMook Madeline Michell 09/19/2010 Miranda requires that the contents of the warnings be stated in "clear and unambiguous language" (Miranda v. Arizona‚ 1966 p.468) lest the process devolve into "empty formalities." This quote explains that Miranda warnings should be explained in any other language that the criminal understands with more clarity even if the criminal is an American citizen or a non-citizen
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The Miranda warning is a statement that informs individuals of their Fifth Amendment rights. It is needed anytime custodial interrogation takes place or when a person has been taken into custody or has otherwise been deprived of freedom. However‚ the Supreme Court has said that Miranda warnings are not constitutionally guaranteed‚ but rather they exist to aid in the protection of Fifth Amendment rights. So essentially‚ the purpose of Miranda warnings are only to decide on the admissibility of evidence
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committed a crime‚ the arrest is valid. The decision in Miranda v. Arizona essentially is that "The prosecution may not use statements stemming from custodial interrogation of the defendant unless it demonstrates the use of safeguards effective against self-incrimination". This means that any time a person is in custody and subject to interrogation‚ the police must apprise the person of his rights‚ or the statements are inadmissible in
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Cybercrime Case Study Paper The Fourth Amendment can be applied to the Internet‚ computer‚ and cybercrimes‚ but it must be done very carefully. The protections that are granted by the Fourth Amendment should depend on the data. If the data is content‚ which means any kind of communications such as email‚ or any remotely stored files on a computer system‚ then the information is protected by the Fourth Amendment. However‚ if the data is non-content information‚ such as IP address and email addresses
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an attorney and against self-incrimination. The case began with the 1963 arrest of Phoenix resident Ernesto Miranda‚ who was charged with rape‚ kidnapping‚ and robbery. Miranda was not informed of his rights prior to the police interrogation. During the two-hour interrogation‚ Miranda allegedly confessed to committing the crimes‚ which the police apparently recorded. Miranda‚ who had not finished ninth grade and had a history of mental instability‚ had no counsel present. At trial‚ the prosecution’s
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