filmov
tv
DON'T Listen to LIES about MIRANDA Decision with Retired Deputy Sheriff
Показать описание
Everyone has heard the Miranda warning, even if you have never been arrested or interrogated, TV shows and movies have used it many times.
The phrase “You have the right to remain silent, anything you say can be used against you in court”…. It says used against your, not may help or hurt you. It is a one way street.
There is a two part test weather Miranda is used or not.
The two steps are simple Interrogation and custody.
1- The person being questioned about the case.
2- The suspect being questioned must believe he/she is under arrest and not free to leave. This means that the person being interviewed must believe they are under arrest, whether the person is under arrest or now. The best way to determine this is for the “Suspect” of a case to simply ask if they are under arrest and free to leave. If the answer by the cop is NO then Miranda is necessary, if the answer is they can’t leave, then you have detention and Miranda is necessary.
The case arose out of the interrogation of respondent, Terence Tekoh, by petitioner, Los Angeles County Sheriff ’s Deputy Carlos Vega. Deputy Vega questioned Tekoh at the medical center where Tekoh worked regarding the reported sexual assault of a patient.
Vega did not inform Tekoh of his rights under Miranda v. Arizona, 384 U. S. 436. Tekoh eventually provided a written statement apologizing for inappropriately touching the patient’s genitals. Tekoh was prosecuted for unlawful sexual penetration.
His written statement was admitted against him at trial. After the jury returned a verdict of not guilty, Tekoh sued Vega under 42 U. S. C. §1983, seeking damages for alleged violations of his constitutional rights.
The Ninth Circuit held that the use of an un-Mirandized statement against a defendant in a criminal proceeding violates the Fifth Amendment and may support a §1983 claim against the officer who obtained the statement.
What are the 3 exceptions to the Miranda rights?
A police officer is not obligated to give the Miranda warnings in these situations: When questioning is necessary for public safety. When asking standard booking questions. When the police have a jailhouse informant talking to the person.
Do they still have to read you your Miranda rights?
Answer: Miranda rights are only required when the police are questioning you in the context of a criminal investigation and hope to or desire to use your statements as evidence against you. Otherwise, Miranda doesn't apply and they're not required to be read.
I absolutely believe in the Miranda Decision, Vega in this case should have kept his mouth shut and not written the confession. It was HIS Choice. He was not being interrogated in a police or sheriff’s station, he was not transported before the confession. Also the statement was eventually not allwed, so it was not used against him and he was found “Not Guilty”
IN CONCUSION, If you are questioned by police for anything, traffic stop, traffic accident, violence, theft or any crime. Use your right to silence EVERY TIME. Don’t incriminate yourself even if you are not in custody. It is to your advantage to hold back and keep your mouth shut.
Contents:
00:00-01:29 Open
01:30-05:07 What is Miranda?
05:08-08:07 LASO Case that was heard
08:08-10:15 Miranda Exceptions
10:16-11:54 Todd's Final Thoughts
The phrase “You have the right to remain silent, anything you say can be used against you in court”…. It says used against your, not may help or hurt you. It is a one way street.
There is a two part test weather Miranda is used or not.
The two steps are simple Interrogation and custody.
1- The person being questioned about the case.
2- The suspect being questioned must believe he/she is under arrest and not free to leave. This means that the person being interviewed must believe they are under arrest, whether the person is under arrest or now. The best way to determine this is for the “Suspect” of a case to simply ask if they are under arrest and free to leave. If the answer by the cop is NO then Miranda is necessary, if the answer is they can’t leave, then you have detention and Miranda is necessary.
The case arose out of the interrogation of respondent, Terence Tekoh, by petitioner, Los Angeles County Sheriff ’s Deputy Carlos Vega. Deputy Vega questioned Tekoh at the medical center where Tekoh worked regarding the reported sexual assault of a patient.
Vega did not inform Tekoh of his rights under Miranda v. Arizona, 384 U. S. 436. Tekoh eventually provided a written statement apologizing for inappropriately touching the patient’s genitals. Tekoh was prosecuted for unlawful sexual penetration.
His written statement was admitted against him at trial. After the jury returned a verdict of not guilty, Tekoh sued Vega under 42 U. S. C. §1983, seeking damages for alleged violations of his constitutional rights.
The Ninth Circuit held that the use of an un-Mirandized statement against a defendant in a criminal proceeding violates the Fifth Amendment and may support a §1983 claim against the officer who obtained the statement.
What are the 3 exceptions to the Miranda rights?
A police officer is not obligated to give the Miranda warnings in these situations: When questioning is necessary for public safety. When asking standard booking questions. When the police have a jailhouse informant talking to the person.
Do they still have to read you your Miranda rights?
Answer: Miranda rights are only required when the police are questioning you in the context of a criminal investigation and hope to or desire to use your statements as evidence against you. Otherwise, Miranda doesn't apply and they're not required to be read.
I absolutely believe in the Miranda Decision, Vega in this case should have kept his mouth shut and not written the confession. It was HIS Choice. He was not being interrogated in a police or sheriff’s station, he was not transported before the confession. Also the statement was eventually not allwed, so it was not used against him and he was found “Not Guilty”
IN CONCUSION, If you are questioned by police for anything, traffic stop, traffic accident, violence, theft or any crime. Use your right to silence EVERY TIME. Don’t incriminate yourself even if you are not in custody. It is to your advantage to hold back and keep your mouth shut.
Contents:
00:00-01:29 Open
01:30-05:07 What is Miranda?
05:08-08:07 LASO Case that was heard
08:08-10:15 Miranda Exceptions
10:16-11:54 Todd's Final Thoughts
Комментарии