THE NEW MIRANDA LAW

Most of us are familiar with the Miranda Law, having heard it hundreds of times on TV cop shows – “You have the right to remain silent, anything you say will be used against you”- etc.

However on June 1, 2010, the Supreme Court altered Miranda, and we should all be familiar with the updated version. Miranda was meant to protect a suspect from being compelled to be a witness against himself. Once a suspect invoked his right to keep silent the police were obligated to stop badgering him. If authorities failed to advise a suspect or ignore his invocation of his rights, the statements could be thrown out as evidence in a case.

In reality, contrary to what we have seen on TV, the Miranda Law was never foolproof. There have been more than a few cases that fell apart after a suspect produced a covert recording proving his side of the story. Bottom line, you cannot believe the police. If it’s a case of who said what, the court will most likely believe the police.

The New Miranda Law

The new law states that you must be assertive in invoking your rights to remain silent. There cannot be any uncertainties. However, be prepared to be ignored, they may still try to get you to confess to something. In addition, police no longer need to get a waiver from a suspect acknowledging that he or she is foregoing their rights. 

General Tips (For the United States)

DO provide police your personal ID such as name, address, date of birth if they ask

DO NOT provide additional information beyond this, tell them you will NOT answer their questions without an attorney present

DO consent to a search of your person if you are arrested, or you will be resisting arrest Police have the right to search you for weapons, contraband etc. for obvious reasons

DO NOT consent to a search of your vehicle or home without a search warrant. If the police produce a warrant, do not resist them from fulfilling their duties

DO NOT believe the police, they will manipulate you to get a confession 

DO be silent but first state LOUDLY and CLEARLY that you will remain silent

DO ask for an attorney (either your own or request one be appointed for you)

DO NOT try to explain your innocence, let your attorney do that