Chicago DUI lawyer reminds you of your rights on the anniversary of Miranda v. Arizona

In a landmark decision the Supreme Court ruled that people accused of crimes had to be given their Constitutional rights upon arrest. Miranda v. Arizona was decided on June 13, 1966.

The Supreme Court ruled 5-4 that interrogation without alerting the accused of his rights violated the 5th Amendment of the U.S. Constitution.

Miranda v. Arizona, 384 U.S. 436 (1966)

Question:

Does the police practice of interrogating individuals without notifiying [sic] them of their right to counsel and their protection against self-incrimination violate the Fifth Amendment?

Conclusion:

The Court held that prosecutors could not use statements stemming from custodial interrogation of defendants unless they demonstrated the use of procedural safeguards "effective to secure the privilege against self-incrimination." The Court noted that "the modern practice of in-custody interrogation is psychologically rather than physically oriented" and that "the blood of the accused is not the only hallmark of an unconstitutional inquisition." The Court specifically outlined the necessary aspects of police warnings to suspects, including warnings of the right to remain silent and the right to have counsel present during interrogations.

Your Miranda warnings are worth a lot more than saying them whenever you watch a TV cop arrest the bad guy. Here they are again:

1. Do you understand that you have a right to remain silent?

2. Do you understand that anything you say can and may be used against you in a court or other proceeding?

3. Do you understand that you have a right to talk to a lawyer before we ask you any questions, and to have him/her with you during questioning?

4. If you cannot afford or otherwise obtain a lawyer and you want one, a lawyer will be appointed for you, and we will not ask any questions until s/he has been appointed.

5. If you decide to answer now with or without a lawyer, you still have the right to stop questioning at any time, or to stop the questioning for the purpose of consulting a lawyer.

6. Do you understand each of these rights?

7. Do you wish to answer questions at this time?

I understand that these are dreaded words for anyone accused, but if you hear these words from a police officer, please listen to them and assert your rights. These rights are one of the cornerstones of this great country.