Uncensored2008
Libertarian Radical
The basis of Miranda
You have a right ot remain silent (Learned that one from my Dragnet days)
Direct reference to fifth amendment rights
You learn poorly - no wonder you're a leftist.
Miranda has nothing to do with a right to silence. As even you were able to grasp, that is guaranteed in the 5th. So what would Miranda have to do with it?
So, what is the purpose of Miranda? Simply, it is a gift to defense attorneys that allow evidence to be suppressed if LEO don't EXPLAIN to criminals the rights they have. Miranda does not, and cannot confer civil rights.
{In 2000, a case that hinged on the constitutionality of the 1968 law came before the Supreme Court. The case began when federal law enforcement officials followed a man suspected of driving the getaway car in a bank robbery in Virginia to his home in Takoma Park, Maryland. He refused to let them search his apartment, but while they were there, they noticed a large wad of money on his bed. Though he wouldn't allow a search, he did agree to accompany police to headquarters, where they questioned him and told him they had gotten a warrant to search his home. He confessed. Later, he claimed that he was not read his Miranda rights in a timely manner.
His lawyers presented this argument to the U.S. District Court, which agreed with him. As a result, the District Court threw out his confession and the evidence found in his apartment. When the case was appealed, the Fourth Circuit Court of Appeals cited the 1968 crime bill, saying that "technical violations" of Miranda should no longer result in the inadmissibility of evidence.
The case was appealed to the Supreme Court, which was faced with whether to let the decision made by the Fourth Circuit stand, thus overturning the precedent that requires law enforcement officials to read suspects the Miranda warnings.}
Should Miranda Be Overturned in Dickerson ... | www.streetlaw.org