Origin and development of ''Miranda'' rights
The concept of "''Miranda'' rights" was enshrined in U.S. law following the 1966 '' Miranda v. Arizona'' Supreme Court decision, which found that the Fifth and Sixth Amendment rights of Ernesto Arturo Miranda had been violated during his arrest and trial for armed robbery, kidnapping, and rape of a young woman. Miranda was subsequently retried and convicted, based primarily on his estranged ex-partner, who had been tracked down by the original arresting officer via Miranda's own parents, suddenly claiming that Miranda had confessed to her when she had visited him in jail. Miranda's lawyer later confessed that he 'goofed' the case by focusing too much on the constitutional issues (and losing sight of the jury and guilt or innocence). The circumstances triggering the Miranda safeguards, i.e. Miranda rights, are "custody" and "interrogation". Custody means formal arrest or the deprivation of freedom to an extent associated with formal arrest. Interrogation means explicit questioning or actions that are reasonably likely to elicit an incriminating response. The Supreme Court did not specify the exact wording to use when informing a suspect of their rights. However, the Court did create a set of guidelines that must be followed. The ruling states: From ''Miranda rights'',The warnings
Every U.S. jurisdiction has its own regulations regarding what, precisely, must be said to a person arrested or placed in a custodial situation. The typical warning states: * You have the right to remain silent and refuse to answer questions. * If you give up the right to remain silent, anything you say can and will be used against you in a court of law. * You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. * If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. * If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. * Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present? The courts have since ruled that the warning must be "meaningful", so it is usually required that the suspect be asked if they understand their rights. Sometimes, firm answers of "yes" are required. Some departments and jurisdictions require that an officer ask "do you understand?" after every sentence in the warning. An arrestee's silence is not a waiver, but on June 1, 2010, the Supreme Court ruled 5–4 that police are allowed to interrogate suspects who have invoked or waived their rights ambiguously, and any statement given during questioning prior to invocation or waiving is admissible as evidence. Evidence has in some cases been ruled inadmissible because of an arrestee's poor knowledge of English and the failure of arresting officers to provide the warning in the arrestee's language. While the exact language above is not required by ''Miranda'', the police must advise the suspect that: # they have the right to remain silent; # anything the suspect ''does'' say can and may be used against them in a court of law; # they have the right to have an attorney present before and during the questioning; and # they have the right, if they cannot afford the services of an attorney, to have one appointed, at public expense and without cost to them, to represent them before and during the questioning. There is no precise language that must be used in advising a suspect of their Miranda rights. The point is that whatever language is used the substance of the rights outlined above must be communicated to the suspect. The suspect may be advised of their rights orally or in writing. Also, officers must make sure the suspect understands what the officer is saying, taking into account potential education levels. It may be necessary to "translate" to the suspect's level of understanding. Courts have ruled this admissible as long as the original waiver is said and the "translation" is recorded either on paper or on tape. The Supreme Court has resisted efforts to require officers to more fully advise suspects of their rights. For example, the police are not required to advise the suspect that they can stop the interrogation at any time, that the decision to exercise the right cannot be used against the suspect, or that they have a right to talk to a lawyer before being asked any questions. Nor have the courts required to explain the rights. For example, the standard Miranda right to counsel states ''You have a right to have an attorney present during the questioning''. Police are not required to explain that this right is not merely a right to have a lawyer present while the suspect is being questioned. The right to counsel includes: * the right to talk to a lawyer before deciding whether to talk to police, * if the defendant decides to talk to the police, the right to consult with a lawyer before being interrogated, * the right to answer police only through an attorney.Circumstances triggering the ''Miranda'' requisites
The circumstances triggering the ''Miranda'' safeguards, i.e. Miranda warnings, are "custody" and "interrogation". Custody means formal arrest or the deprivation of freedom to an extent associated with formal arrest. Interrogation means explicit questioning or actions that are reasonably likely to elicit an incriminating response. Suspects in "custody" who are about to be interrogated must be properly advised of their Miranda rights—namely, the Fifth Amendment right against compelled self incrimination (and, in furtherance of this right, the right to counsel while in custody). The Sixth Amendment right to counsel means that the suspect has the right to consult with an attorney before questioning begins and have an attorney present during the interrogation. The Fifth Amendment right against compelled self incrimination is the right to remain silent—the right to refuse to answer questions or to otherwise communicate information. The duty to warn only arises when police officers conduct custodial interrogations. The Constitution does not require that a defendant be advised of the Miranda rights as part of the arrest procedure, or once an officer has probable cause to arrest, or if the defendant has become a suspect of the focus of an investigation. Custody and interrogation are the events that trigger the duty to warn.Use in various U.S. state jurisdictions
Some jurisdictions provide the right of a juvenile to remain silent if their parent or guardian is not present. Some departments inThe six rules
The Miranda rule applies to the use of testimonial evidence in criminal proceedings that is the product of custodial police interrogation. The Miranda right to counsel and right to remain silent are derived from the self-incrimination clause of the Fifth Amendment. Therefore, for the Miranda to apply, six requirements must be fulfilled: ; 1. Evidence must have been gathered. : If the suspect did not make a statement during the interrogation the fact that he was not advised of his Miranda rights is of no importance. Nor can the state offer evidence that the defendant asserted his rights—that he refused to talk. ; 2. The evidence must be testimonial.''Pennsylvania v. Muniz'', 496 U.S. 582 (1990) : Miranda applies only to "testimonial" evidence as that term is defined under the Fifth Amendment. For purposes of the Fifth Amendment, testimonial statements mean communications that explicitly or implicitly relate a factual assertion n assertion of fact or beliefor disclose information. The Miranda rule does not prohibit compelling a person to engage in non-assertive conduct that is incriminating or may produce incriminating evidence. Thus, requiring a suspect to participate in identification procedures such as giving handwriting or voice exemplars, fingerprints, DNA samples, hair samples, and dental impressions is not within the Miranda rule. Such physical or real evidence is non-testimonial and not protected by the Fifth Amendment self-incrimination clause. On the other hand, certain non-verbal conduct may be testimonial. For example, if the suspect nodded their head up and down in response to the question "did you kill the victim", the conduct is testimonial; it is the same as saying "yes I did", and Miranda would apply. ; 3. The evidence must have been obtained while the suspect was in custody. : The evidence must have been obtained while the suspect was in custody. This limitation follows from the fact that Miranda's purpose is to protect suspects from the compulsion inherent in the police-dominated atmosphere attendant to arrest. Custody means either that the suspect was under arrest or that his freedom of movement was restrained to an extent "associated with a formal arrest". A formal arrest occurs when an officer, with the intent to make an arrest, takes a person into custody by the use of physical force or the person submits to the control of an officer who has indicated his intention to arrest the person. Telling a person he is "under arrest" is sufficient to satisfy this requirement even though the person may not be otherwise physically restrained. Absent a formal arrest, the issue is whether a reasonable person in the suspect's position would have believed that he was under "full custodial" arrest. Applying this objective test, the Court has held Miranda does not apply to roadside questioning of a stopped motorist or to questioning of a person briefly detained on the street—a Terry stop. Even though neither the motorist nor the pedestrian is free to leave, this interference with the freedom of action is not considered actual arrest or its functional equivalent for purposes of the Fifth Amendment. The court has similarly held that a person who voluntarily comes to the police station for purposes of questioning is not in custody and thus not entitled to Miranda warnings particularly when the police advise the suspect that he is not under arrest and free to leave. ; 4. The evidence must have been the product of interrogation. : The evidence must have been the product of interrogation. A defendant who seeks to challenge the admissibility of a statement under Miranda must show that the statement was "prompted by police conduct that constituted 'interrogation'". A volunteered statement by a person in custody does not implicate Miranda. In '' Rhode Island v. Innis'', the Supreme Court defined interrogation as express questioning and "any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect". Thus, a practice that the police "should know is reasonably likely to evoke an incriminating response from a suspect ... amounts to interrogation". For example, confronting the suspect with incriminating evidence may be sufficiently evocative to amount to interrogation because the police are implicitly communicating a question: "How do you explain this?" On the other hand, "unforeseeable results of police words or actions" do not constitute interrogation. Under this definition, routine statements made during the administration of sobriety tests would not implicate Miranda. For example, a police officer arrests a person for impaired driving and takes him to the police station to administer an intoxilyzer test. While at the station the officer also asks the defendant to perform certain psycho-physical tests such as the walk and turn, one leg stand or finger to nose test. It is standard practice to instruct the arrestee on how to perform the test and to demonstrate the test. (The police ''will not'' tell the person that they have the right to refuse to perform the test, and the refusal cannot be used in evidence against them, nor can they be in any way punished for refusing to perform it, same as the police will not tell someone that they may refuse to perform a roadside sobriety test without penalty). An incriminating statement made by an arrestee during the instruction, "I couldn't do that even if I were sober", would not be the product of interrogation. Similarly, incriminating statements made in response to requests for consent to search a vehicle or other property are not considered to be the product of interrogation. ; 5. The interrogation must have been conducted by state-agents. : To establish a violation of the defendant's Fifth Amendment rights, the defendant must show state action, so the interrogation must have been conducted by state-agents. If the interrogation was conducted by a person known by the suspect to be a law enforcement officer the state action requirement is unquestionably met. On the other hand, where a private citizen obtains a statement there is no state action regardless of the custodial circumstances surrounding the statement. A confession obtained through the interrogation by an undercover police officer or a paid informant does not violate ''Miranda'' because there is no coercion, no police dominated atmosphere if the suspect does not know that they are being questioned by the police. Private security guards and "private" police present special problems. They are generally not regarded as state-agents. However, an interrogation conducted by a police officer moonlighting as a security guard may well trigger Miranda's safeguards since an officer is considered to be "on duty" at all times. ; 6. The evidence must be offered by the state during a criminal prosecution. : The evidence is being offered during a criminal proceeding. Under the exclusionary rule, a Miranda-defective statement cannot be used by the prosecution as substantive evidence of guilt. However, the Fifth Amendment exclusionary rule applies only to criminal proceedings. In determining whether a particular proceeding is criminal, the courts look at the punitive nature of the sanctions that could be imposed. Labels are irrelevant. The question is whether the consequences of an outcome adverse to the defendant could be characterized as punishment. Clearly a criminal trial is a criminal proceeding since if convicted the defendant could be fined or imprisoned. However, the possibility of loss of liberty does not make the proceeding criminal in nature. For example, commitment proceedings are not criminal proceedings even though they can result in long confinement because the confinement is considered rehabilitative in nature and not punishment. Similarly, ''Miranda'' does not apply directly to probation revocation proceedings because the evidence is not being used as a basis for imposing additional punishment.Application of the prerequisites
Assuming that the six requirements are present and ''Miranda'' applies, the statement will be subject to suppression unless the prosecution can demonstrate: * that the suspect was advised of their ''Miranda'' rights, and * that the suspect voluntarily waived those rights or that the circumstances fit an exception to the ''Miranda'' rule. The defendant may also be able to challenge the admissibility of the statement under provisions of state constitutions and state criminal procedure statutes. Immigrants who live in the United States illegally are also protected and should receive their Miranda warnings as well when being interrogated or placed under arrest. " Aliens receive constitutional protections when they have come within the territory of the United States andWaiver
Simply advising the suspect of their rights does not fully comply with the Miranda rule. The suspect must also voluntarily waive their Miranda rights before questioning can proceed. An express waiver is not necessary. However, most law enforcement agencies use written waiver forms. These include questions designed to establish that the suspect expressly waived their rights. Typical waiver questions are * "Do you understand each of these rights?" and * "Understanding each of these rights, do you now wish to speak to the police without a lawyer being present?" The waiver must be "knowing and intelligent" and it must be "voluntary". These are separate requirements. To satisfy the first requirement the state must show that the suspect generally understood their rights (right to remain silent and right to counsel) and the consequences of forgoing those rights (that anything they said could be used against them in court). To show that the waiver was "voluntary" the state must show that the decision to waive the rights was not the product of police coercion. If police coercion is shown or evident, then the court proceeds to determine the voluntariness of the waiver under the totality of circumstances test focusing on the personal characteristics of the accused and the particulars of the coercive nature of the police conduct. The ultimate issue is whether the coercive police conduct was sufficient to overcome the will of a person under the totality of the circumstances. Courts traditionally focused on two categories of factors in making this determination: (1) the personal characteristics of the suspect and (2) the circumstances attendant to the waiver. However, the Supreme Court significantly altered the voluntariness standard in the case of '' Colorado v. Connelly''. In ''Connelly'', the Court held that "Coercive police activity is a necessary predicate to a finding that a confession is not 'voluntary' within the meaning of the Due Process Clause of the Fourteenth Amendment." The Court has applied this same standard of voluntariness in determining whether a waiver of a suspect's Fifth Amendment Miranda rights was voluntary. Thus, a waiver of Miranda rights is voluntary unless the defendant can show that their decision to waive their rights and speak to the police was the product ofAssertion
If the defendant asserts his right to remain silent, all interrogation must immediately stop and the police may not resume the interrogation unless they have "scrupulously honored" the defendant's assertion and subsequently obtained a valid waiver before resuming the interrogation. In determining whether the police "scrupulously honored" the assertion the courts apply a totality of the circumstances test. The most important factors are the length of time between termination of the original interrogation and the commencement of the second, and issuing a new set of Miranda warnings before resumption of interrogation. The consequences of assertion of Sixth Amendment right to counsel are stricter. The police must immediately cease all interrogation and the police cannot reinitiate interrogation unless counsel is present (merely consulting with counsel is insufficient) or the defendant of his own volition contacts the police. If the defendant does reinitiate contact, a valid waiver must be obtained before interrogation may resume. In '' Berghuis v. Thompkins'' (2010), the Supreme Court declared in a 5–4 decision that criminal defendants who have been read their ''Miranda'' rights (and who have indicated they understand them and have not already waived them), must explicitly state during or before an interrogation begins that they wish to be silent and not speak to police for that protection against self-incrimination to apply. If they speak to police about the incident before invoking the Miranda right to remain silent, or afterwards at any point during the interrogation or detention, the words they speak may be used against them if they have not stated they do not want to speak to police. Those who oppose the ruling contend that the requirement that the defendant must speak to indicate his intention to remain silent further erodes the ability of the defendant to stay completely silent about the case. This opposition must be put in context with the second option offered by the majority opinion, which allowed that the defendant had the option of remaining silent, saying: "Had he wanted to remain silent, he could have said nothing in response or unambiguously invoked his Miranda rights, ending the interrogation." Thus, having been "Mirandized", a suspect may avow explicitly the invocation of these rights, or, alternatively, simply remain silent. Absent the former, "anythingExceptions
Assuming that the six factors are present, the Miranda rule would apply unless the prosecution can establish that the statement falls within an exception to the Miranda rule. The three exceptions are: # the routine booking question exception # the jail house informant exception # the public safety exception. Arguably only the last is a true exception—the first two can better be viewed as consistent with the ''Miranda'' factors. For example, questions that are routinely asked as part of the administrative process of arrest and custodial commitment are not considered "interrogation" under Miranda because they are not intended or likely to produce incriminating responses. Nonetheless, all three circumstances are treated as exceptions to the rule. The jail house informant exception applies to situations where the suspect does not know that he is speaking to a state-agent; either a police officer posing as a fellow inmate, a cellmate working as an agent for the state or a family member or friend who has agreed to cooperate with the state in obtaining incriminating information.Public safety exception
The "public safety" exception is a limited and case-specific exception, allowing certain unadvised statements (given without Miranda warnings) to be admissible into evidence at trial when they were elicited in circumstances where there was great danger to public safety; thus, the ''Miranda'' rule provides some elasticity. The public safety exception derives from '' New York v. Quarles'' (1984), a case in which the Supreme Court considered the admissibility of a statement elicited by a police officer who apprehended a rape suspect who was thought to be carrying a firearm. The arrest took place during the middle of the night in a supermarket that was open to the public but apparently deserted except for the clerks at the checkout counter. When the officer arrested the suspect, he found an empty shoulder holster, handcuffed the suspect, and asked him where the gun was. The suspect nodded in the direction of the gun (which was near some empty cartons) and said, "The gun is over there." The Supreme Court found that such an unadvised statement was admissible in evidence because " a kaleidoscopic situation such as the one confronting these officers, where spontaneity rather than adherence to a police manual is necessarily the order of the day, the application of the exception we recognize today should not be made to depend on '' post hoc'' findings at a suppression hearing concerning the subjective motivation of the police officer." Thus, the jurisprudential rule of ''Miranda'' must yield in "a situation where concern for public safety must be paramount to adherence to the literal language of the prophylactic rules enunciated in Miranda." Under this exception, to be admissible in the government's direct case at a trial, the questioning must not be "actually compelled by police conduct which overcame his will to resist," and must be focused and limited, involving a situation "in which police officers ask questions reasonably prompted by a concern for the public safety." In 2010, theConsequences of violation
Assuming that a Miranda violation occurred—the six factors are present and no exception applies—the statement will be subject to suppression under the Miranda exclusionary rule. That is, if the defendant objects or files a motion to suppress, the exclusionary rule would prohibit the prosecution from offering the statement as proof of guilt. However, the statement can be used to impeach the defendant's testimony. Further, theProcedural requirements
Although the rules vary by jurisdiction, generally a person who wishes to contest the admissibility of evidence on the grounds that it was obtained in violation of his constitutional rights must comply with the following procedural requirements: # The defendant must file a motion.NC Defender Manual, Suppression Motions (NC School of Government 2002) # The motion must be in writing. # The motion must be filed before trial. # The motion must allege the factual and legal grounds on which the defendant seeks suppression of evidence. # The motion must be supported by affidavits or other documentary evidence. # The motion must be served on the state. Failure to comply with a procedural requirement may result in summary dismissal of the motion. If the defendant meets the procedural requirement, the motion will normally be considered by the judge outside the presence of the jury. The judge hears evidence, determines the facts, makes conclusions of law and enters an order allowing or denying the motion.Related doctrines
In addition to Miranda, confession may be challenged under the Massiah Doctrine, the voluntariness standard, provisions of federal and state rules of criminal procedure and state constitutional provisions.Massiah Doctrine
The Massiah Doctrine (established by '' Massiah v. United States'') prohibits the admission of a confession obtained in violation of the defendant's Sixth Amendment right to counsel. Specifically, the Massiah rule applies to the use of testimonial evidence in criminal proceedings deliberately elicited by the police from a defendant after formal charges have been filed. The events that trigger the Sixth Amendment safeguards under ''Massiah'' are (1) the commencement of adversarial criminal proceedings and (2) deliberate elicitation of information from the defendant by governmental agents. The Sixth Amendment guarantees a defendant a right to counsel in all criminal prosecutions. The purposes of the Sixth Amendment right to counsel are to protect a defendant's right to a fair trial and to assure that the adversarial system of justice functions properly by providing competent counsel as an advocate for the defendant in his contest against the "prosecutorial forces" of the state.Commencement of adversarial criminal proceedings
The Sixth Amendment right "attaches" once the government has committed itself to the prosecution of the case by the initiation of adversarial judicial proceedings "by way of formal charge, preliminary hearing, indictment, information or arraignment". Determining whether a particular event or proceeding constitutes the commencement of adversarial criminal proceedings requires both an examination of the rules of criminal procedure for the jurisdiction in which the crime is charged and the Supreme Courts cases dealing with the issue of when formal prosecution begins. Once adversarial criminal proceedings commence the right to counsel applies to all critical stages of the prosecution and investigation. A critical stage is "any stage of the prosecution, formal or informal, in court or out, where counsel's absence might derogate from the accused's right to a fair trial". Government attempts to obtain incriminating statement related to the offense charged from the defendant by overt interrogation or surreptitious means is a critical stage and any information thus obtained is subject to suppression unless the government can show that an attorney was present or the defendant knowingly, voluntarily and intelligently waived his right to counsel.Deliberate elicitation of information from the defendant by governmental agents
Deliberate elicitation is defined as the intentional creation of circumstances by government agents that are likely to produce incriminating information from the defendant. Clearly express questioning (interrogation) would qualify but the concept also extends to surreptitious attempts to acquire information from the defendant through the use of undercover agents or paid informants. The definition of "deliberate elicitation" is not the same as the definition of "interrogation" under the Miranda rule. Miranda interrogation includes express questioning and any actions or statements that an officer would reasonably foresee as likely to cause an incriminating response. Massiah applies to express questioning and any attempt to deliberately and intentionally obtain incriminating information from the defendant regarding the crime charged. The difference is purposeful creation of an environment likely to produce incriminating information (Massiah) and action likely to induce an incriminating response even if that was not the officer's purpose or intent (Miranda). The Sixth Amendment right to counsel is offense-specific – the right only applies to post-commencement attempts to obtain information relating to the crime charged. The right does not extend to uncharged offenses if factually related to the charged crime.''Texas v. Cobb'', 121 S. Ct. 1335 (2001). Information obtained in violation of the defendant's Sixth Amendment right to counsel is subject to suppression unless the government can establish that the defendant waived his right to counsel. The waiver must be knowing, intelligent and voluntary. A valid Miranda waiver operates as a waiver of Sixth Amendment right.Miranda and Massiah compared
# Constitutional basis: #* Miranda is based on the Sixth Amendment right to counsel and the Fifth Amendment right to remain silent. #* Massiah is based on the Sixth Amendment right to counsel. # Attachment: #* Miranda: Custody + interrogation (charging status irrelevant). #* Massiah: Formally charged + deliberate elicitation (custodial status irrelevant). # Scope: #*a. Miranda applies to custodial interrogation by known governmental agents. Surreptitious acquisition of incriminating information allowed. #*a. Massiah applies to overt and surreptitious interrogation. #*b. Miranda is not offense specific. #*b. Massiah is offense specific. #*c. Miranda: interrogation + "functional equivalent" #*c. Massiah: interrogation + "deliberate elicitation" # Waiver: Both Miranda and Massiah rights may be waived. # Assertion: In each case, the assertion must be clear and unequivocal. The effects of assertion are not identical. For purposes of Miranda, the police must immediately cease the interrogation and cannot resume interrogating the defendant about any offense charged or uncharged unless counsel is present or defendant initiates contact for purposes of resuming interrogation and valid waiver obtained. Because Massiah is offense-specific, an assertion of the sixth amendment right to counsel requires the police to cease interrogating the defendant about any charged offense. Apparently the police could continue questioning the defendant about uncharged crimes assuming that the defendant was not in custody. The defendant's remedy would be to leave or to refuse to answer questions. # Remedy for violation: The remedy for violation of Fifth and Sixth Amendment rights to counsel is identical: the statements and testimonial information are subject to suppression. Derivative evidence is not subject to suppression under Miranda – fruit of poisonous tree doctrine may apply to Massiah violation. Both Miranda and Massiah defective statements can be used for impeachment purposes. # Exceptions: The primary exceptions to Miranda are (1) the routine booking questions exception (2) the jail house informant exception and (3) the public safety exception. In ''Moulton v. Maine'' the Supreme Court refused to recognize a public safety exception to the Massiah rule. Massiah allows for the use of jail house informants provided the informants serve merely as "passive listeners".The voluntariness standard
The voluntariness standard applies to all police interrogations regardless of the custodial status of the suspect and regardless of whether the suspect has been formally charged. The remedy for a violation of the standard is complete suppression of the statement and any evidence derived from the statement. The statement cannot be used as either substantive evidence of guilt or to impeach the defendant's testimony. The reason for the strictness is the common law's aversion to the use of coerced confessions because of their inherent unreliability. Further the rights to be free from coerced confession cannot be waived nor is it necessary that the victim of coercive police conduct assert his right. In considering the voluntariness standard one must consider the Supreme Court's decision in ''Colorado v. Connelly''. Although federal courts' application of the Connelly rule has been inconsistent and state courts have often failed to appreciate the consequences of the case, Connelly clearly marked a significant change in the application of the voluntariness standard. Before Connelly the test was whether the confession was voluntary considering the totality of the circumstances. "Voluntary" carried its everyday meaning: the confession had to be a product of the exercise of the defendant's free will rather than police coercion. After Connelly the totality of circumstances test is not even triggered unless the defendant can show coercive police conduct. Questions of free will and rational decision making are irrelevant to a due process claim unless police misconduct existed and a causal connection can be shown between the misconduct and the confession.State constitutional challenges
Every state constitution has articles and provision guaranteeing individual rights. In most cases the subject matter is similar to the federal bill of rights. Most state courts interpretation of their constitution is consistent with the interpretation federal court's of analogous provisions of the federal constitution. With regard to Miranda issues, state courts have exhibited significant resistance to incorporating into their state jurisprudence some of the limitations on the Miranda rule that have been created by the federal courts. As a consequence a defendant may be able to circumvent the federal limitation on the Miranda rule and successfully challenge the admissibility under state constitutional provisions. Practically every aspect of the Miranda rule has drawn state court criticism. However the primary point of contention involve the following limitations on the scope of the Miranda rule: (1) the Harris exception (2) the Burbine rule and (3) the Fare rule.State statutory challenges
In addition to constitutionally based challenge, states permit a defendant to challenge the admissibility of a confession on the grounds that the confession was obtained in violation of a defendant's statutory rights. For example, North Carolina Criminal Procedure Act permits a defendant to move to suppress evidence obtained as a result of a "substantial" violation of the provision of the North Carolina Rules of Criminal Procedure.Confusion regarding use
Due to the prevalence of American television programs and motion pictures in which the police characters frequently read suspects their rights, it has become an expected element of arrest procedure—in the 2000 ''Dickerson'' decision, Chief JusticeExemption for interrogations conducted by undercover agents
In '' Illinois v. Perkins'', 496 U.S. 292 (1990), theReport of warnings being given to detainees in Afghanistan
Beginning in 2009, some detainees captured inEquivalent rights in other countries
Whether arising from their constitutions, common law, or statute, many nations recognize a defendant's right to silence.See also
* Arrest *Explanatory notes
References
Further reading
* Coldrey, J. (1990). "The Right to Silence Reassessed". 74 ''Victorian Bar News'' 25. * Coldrey, J. (1991)External links