During a $2 card game at La Amapola Bar in Phoenix, a knife fight broke out. While bringing a knife to a gunfight is never advised, it's generally accepted practice that you should at least have one during a knife fight. Ernesto Miranda did not. During a melee involving two men, he was fatally stabbed. The man who handed Ernesto Miranda's killer the murder weapon was arrested, but, thanks to Miranda's legal maneuvering a decade earlier, he knew full well that he was under no obligation to speak to authorities about anything. He kept his mouth shut long enough for the man who inflicted the fatal blows to escape to Mexico , never to be seen again.
Some police departments in Indiana, New Jersey, Nevada, Oklahoma, and Alaska add the following sentence:
“We have no way of giving you a lawyer, but one will be appointed for you, if you wish, if and when you go to court.”
The suspect must give a clear, affirmative answer to this question. Silence is not acceptable as waiving these rights because the arrestee may not understand or may not speak English as his or her first language. If the Miranda Warning must be translated to the suspect, that translation is usually recorded. Invoking Your Miranda Rights If the individual indicates in any manner, at any time prior to or during questioning, that he or she wishes to remain silent , the interrogation must cease. If the individual states that he or she wants an attorney, the interrogation must cease until an attorney is present. At that time, the individual must have an opportunity to confer with the attorney and to have him or her present during any subsequent questioning.
When The Police Must Read Your Rights It is important to note that police are only required to Mirandize a suspect if they intend to interrogate that person under custody. Arrests can occur without the Miranda Warning being given. If the police later decide to interrogate the suspect, the warning must be given at that time. Their vigilance to this rule means less chance of a case being overturned in court due to poor procedure on their part. If public safety is an issue, questions may be asked without the defendant being Mirandized, and any evidence obtained may be used against the suspect under these circumstances. The Miranda Warning is all about questioning and being protected from self-incrimination under the Fifth Amendment, not being arrested. The person arrested must still answer questions asked about their name, age, address, etc. They can be searched in order to protect the police officer. Also, a confession given before a suspect has been read the Miranda Warning may find that confession entered as evidence in court. If you have been Mirandized and you waive your rights, meaning you wish to speak to police freely without an attorney present, you can change your mind at any time and ‘plead the fifth,’ meaning you no longer wish to answer questions, or that you have changed your mind and wish to have an attorney present after all. In some states, juveniles have the right to remain silent without his or her parent or guardian present. US military branches provide for the right against self-incrimination by providing a form that informs the suspect of the charges and their rights. They are required to sign the form.
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 protection against self-incrimination or his Sixth Amendment right to an attorney. The case went to trial in an Arizona state court and the prosecutor used the confession as evidence against Miranda, who was convicted and sentenced to 20 to 30 years in prison. Miranda's attorney appealed to the Arizona Supreme Court, which upheld the conviction. Then he appealed to the United States Supreme Court, which agreed to hear it along with four similar cases. In taking the case, the Court had to determine the role police have in protecting the rights of the accused guaranteed by the Fifth and Sixth Amendments.