Your Constitutional Rights Under Miranda


AFRA Research- All about Miranda

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The Miranda Card that Policemen are REQUIRED to read to you upon QUESTIONING

August 21, 2008 NEW CASELAW

Case Name: U.S. v. Craighead, District: 9 Cir , Case #: 07-1-135
Opinion Date: 8/21/2008 , DAR #: 13245
Case Holding:
Interrogations occurring inside the home are custodial, requiring Miranda advisements under the Fifth Amendment, if the circumstances turn it into one of a “police-dominated” atmosphere.

As soon as you DEMAND your Fourth and Fifth Amendment Rights, CPS will very likely turn it into a “police-dominated” atmosphere. If they brought a cop along, it ALREADY IS a “police-dominated” atmosphere. The police commonly threaten the charge of “interfering with an investigation”. The catch is, if there is NO CRIME, there is NO Police investigation. The CPS is there to coerce you to “volunteer” away your (and your children’s) Constitutional Rights. The moment you “volunteer”, you have surrendered your Constitutional Rights. This is what the Miranda Warning is for, and why you had best just SHUT UP. What you say WILL BE USED AGAINST YOU. See What happens in the FOG :: CPS Guts Constitutional Due Process

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**Mission*Critical*Need*To*Know*Info**

See The Brochure!

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NEW
8-27-2002 FlexYourRights.org
Presumed Guilty

NAMI- Dealing with the Criminal Justice System

PBS Jim Lehrer- June 6, 2000

NOLO- Key Aspects of Modern Criminal Procedure: Defendant’s Rights

US Constitution Online
The Miranda Warning

The Constitution reserves many rights for those suspected of crime. One of the fears of the Framers was that the government could act however it wished by simply saying an individual was a suspected criminal. Many of the rights in the Constitution and the Bill of Rights, such as habeas corpus, the right to remain silent, and the right to an attorney, are designed to ensure that those accused of a crime are assured of those rights.

Police were able to take advantage of the fact that not everyone knows their rights by heart. In fact, it is likely that most citizens could name a few of their rights as accused criminals, but not all of them. The police’s position was that if the accused, for example, spoke about a crime without knowing that they did not need to, that it was the person’s fault for not invoking that right, even if they did not know, or did not remember, that they had that right.

This was the crux of the issue in Miranda v Arizona.

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Landmark Supreme Court Cases
Miranda v. Arizona (1966) Beyond Miranda

In the time since the Miranda was decided in 1966, the Supreme Court has decided several cases directly related to the issues in the Miranda case. Below are brief descriptions of the issues presented to the justices in several of these cases. How would you decide these cases if you were on the Supreme Court?

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LawInfo.com
Miranda Warning
Frequently Asked Questions
What is a Miranda warning? A Miranda warning advises people of their constitutional right not to answer questions or to have an attorney present before answer any questions.

Must a police officer always advise a person of their Miranda rights before asking a question?

No. The Miranda warning is only in effect during a “custodial interrogation.” This means that the person being questioned is in custody or in an environment in which the person does not believe that he is free to leave.

AFRA Editor Note- Ohhh, so that’s why the “Street Wise Punk” always asks “Am I under arrest?” And the cop says “No”. Then the Street Punk says “Go screw yourself copper. I ain’t talking to you!”
So we need to be “Street Smart” too, because these monsters are eating us alive in our
NAIVE INNOCENCE

“Taking the 5th” is NOT just for courtroom drama TV!

Nor is it just for slime balls subpoenaed to appear before Congressional Hearings…

IT IS FOR YOU!

“When the people no longer read or understand their Constitution, then they will live in a POLICE STATE” –Robert Wangrud.

Know Your CONSTITUTIONAL Rights

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June 26, 2000
ACLU of Southern California

Supreme Court Upholds Miranda Rights

Warding off attempts to chip away at the rights of suspects, on June 26 the U.S. Supreme Court refused to consider an appeal of a Ninth Circuit decision requiring officers to end interrogations when a suspect requests a lawyer or chooses to remain silent, and reversed a Fourth Circuit ruling that held that the famous 1966 Miranda ruling was no longer the law. Both decisions reinforce the rights of suspects under the Fifth and Sixth Amendments to the U.S. Constitution.

In Butts v. McNally (previously known as California Attorneys for Criminal Justice v. Butts), the ACLU/SC filed suit on behalf of two suspects, one held by the LAPD and the other by the Santa Monica Police Department, who were questioned after repeatedly requesting to speak to an attorney.

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Juvenile Confessions/Right Against Self-Incrimination

U.S. Supreme Court
Rebecca Diloreto

Application of Gault, 387 U.S. 1, 87 S.Ct. 1428, 18 L.Ed.2d 527 (1967). Neither Fourteenth Amendment nor Bill of Rights is for adults alone. The privilege against self-incrimination protects juveniles adjudicated in juvenile court just as it protects adults. If counsel is not present, for some permissible reason, when admission is obtained from juvenile, greatest care must be taken to assure that admission was voluntary, in sense not only that it has not been coerced or suggested, but also that it is not product of ignorance of rights or of adolescent fantasy, fright or despair. Gallegos v. Colorado, 370 U.S. 49, 82 S.Ct. 1209, 8 L.Ed.2d 325 (1962). Confession state officers obtained from 14-year-old boy, who had been held five days without officers sending for his parents or seeing that he had advice of lawyer or adult friend, and without their bringing him immediately before judge, was obtained in violation of due process,

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KEEP YOUR SECRETS.com
POLICE INTERROGTIONS Introduction

If you have never been in a Police interrogation….then you have little idea of exactly how intimidating and traumatic they can be. Try remembering how you felt the first time a State Trooper pulled you over for speeding (or whatever) and walked up to you car window to ask for your Driver’s License. Chances are your stomach and chest felt tight, your breathing was shallow, your voice tight and nervous. If you knew you were speeding you feared the consequences, and even you weren’t speeding…you still felt nervous and upset. If you multiply this by about 10-20 times…you have an idea what a full fledged Police Interrogation feels like.

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Alabama State Bar
What are my rights? (pdf)
Excellent article regarding whether you are in “custody” or feel free to leave!

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Lawyers.com

The Rights of Citizens in the Criminal Justice Process

The criminal justice process is the process by which crimes are investigated, charged, tried, and punished. Because the criminal justice system involves actions by the government against its citizens, the criminal justice process has been the subject of constitutional protections dating back, in the English common law system, to the Magna Carta.

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Wisconsin Department of Justice
Safe Schools Legal Resource Manual
QUESTIONING OF JUVENILES BY LAW ENFORCEMENT OFFICERS AND SCHOOL EMPLOYEES

The following sections pertain to the questioning of juveniles suspected of committing school rule violations and/or crimes. They briefly summarize the relevant legal standards.

Law enforcement officers will quickly recognize that the professional standards normally governing criminal investigation and interrogation of adults also apply in situations involving juveniles. However, officers should expect courts to scrutinize the investigative and interview techniques used to obtain information from juveniles closely.

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Tuesday, Dec. 18, 2001
Boortz.com
Miranda Rights? You Have Got to Be Kidding Me!
Neal Boortz

Johnny Taliban has a lawyer, paid for by Johnny Taliban’s father, of course. Now the lawyer is starting the public relations campaign on behalf of his little terrorist client. We’re now hearing his concerns that his client has been interrogated by U.S. officials without having been read his Miranda rights.

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August 29, 2001
Miranda rights: Do kids get it?
By Marie McCain
The Cincinnati Enquirer
A police officer sits down with a 13-year-old child accused of a serious crime. “You have the right to remain silent,” he begins. “You have the right to an attorney, even if you can’t afford one…” Adults are expected to understand their Miranda rights. In Ohio and Kentucky, so are juveniles. But do they?

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November 2000
Miranda Rights for Florida Voters (comedy- or is it really?)
Prior to voting, this warning must be read to every Democrat voter
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Federal Law Enforcement Training Center

- Quarterly Review -
July 6, 2000 Vol. 1, Edition 4

THE NEWEST CONSTITUTIONAL RIGHT – THE RIGHT TO MIRANDA WARNINGS
Jacquelyn Kuhens
Senior Legal Instructor

Until June 26, 2000, a person who was in custody and being subjected to police interrogation did not have a Constitutional right to be given Miranda warnings; Miranda warnings were just the mechanism by which a state or Federal law enforcement officer ensured that the subject of his custodial interrogation knew what his or her rights were before the interrogation began. If a law enforcement officer conducted a custodial interview without first giving Miranda warnings, it was not a Constitutional violation, and so the worst that could happen was the suppression of the improperly obtained statement. Today, because a person in custody has a Constitutional right to be given his Miranda rights, is it possible, even likely, that failure to give a subject Miranda rights will serve as the basis for a Bivens or Title 42, United States Code, Section 1983 civil rights claim?

Read the rest of this story

Here’s the FIRST ONE!

June 17, 2002- Father Sues Court Officials in Federal Court for Kidnapping Son

Edward S. (Zed) McLarnon has filed a lawsuit in Federal District Court in Boston against several judges, court clerks and other court officials, claiming they have violated his due process rights as guaranteed under the U. S. Constitution. Attorney is Greg Hession.

American Family Rights Association vows to help this case turn into a LANDSLIDE across America!

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FBI Publications-

Intentional Violations of Miranda: A Strategy for Liability

By Kimberly A. Crawford, J.D.
Intentional Miranda violations may jeopardize cases and expose investigators and agencies to civil suits.

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Law.com New Jersey

May 23, 2000
New Jersey Law Journal
Prosecutorial Misconduct: Failure To Read Miranda Rights Leads To Reversal of Officer’s Sex Conviction
Sandy Lovell

Concluding that the Union County, N.J., Prosecutor’s Office violated a policeman’s rights by deliberately failing to issue a Miranda warning before questioning him, a New Jersey appeals court has reversed his sexual assault conviction.

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About.com Crime and Punishment
Updated 04/19/2000
Miranda On Trial Dateline: 12/07/99

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APA Monitor on Psychology
March 2000
Judicial notebook
Supreme Court revisits Miranda warnings

BY MELISSA RUSSANO AND MARGARET BULL KOVERA, PHD

Florida International University

The U.S. Supreme Court recently agreed to review whether issuing Miranda warnings to criminal suspects is constitutionally required–a review that could raise empirical questions of interest to research psychologists.

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ACLU
Monday, November 8, 1999
Federal Appeals Court Says Police Interrogation Tactics Violated “Miranda” Rights
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April 1999
Colorado State Patrol
MIRANDA OVERRULED? — A STUNNING COURT DECISION
By Charles A. Riccio Jr.

As a result of a decision from a federal circuit court of appeals, the 33-year old Miranda rule may be on its way to the dustbin!

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March 30, 1999
Calhoun County Courts
Calhoun County, Michigan

CUSTODIAL INTERROGATION – MIRANDA WARNINGS – WAIVER OF MIRANDA RIGHTS – PROBABLE CAUSE TO BIND OVER FOR TRIAL – DESIGNATED PROCEEDINGS
(by Tobin Miller, Research Attorney, MJI)
In the Matter of Nathaniel Jamar Abraham, Minor; People v Nathaniel Jamar Abraham, __ Mich App __ (1999), #212099,

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Citizens for Police Review
CPR-Rights and Responsibilities
“Silence is golden!”
Be careful what you say to a police. What you say CAN and WILL be used against you.

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October 8, 1998
THE SUPREME COURT OF NEW HAMPSHIRE
Rockingham
No. 97-073
THE STATE OF NEW HAMPSHIRE v. GERALD GOTSCH

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September 24, 1998
Salon.com
Kiss those Miranda rights good-bye
By Beverly Gage
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October 1997
Executive Office for United States Attorneys
Criminal Resource Manual 50
Statements Taken From Juveniles
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Bureau of Private Investigation
Hawaii Civil Rights Investigations
Constitution:

The usual issue for investigation is whether the action taken against a person violates any constitutional limitation that protects individual rights.

The most widely used Act for civil rights violations for victims of racial or religious discrimination is the Federal Civil Rights Act, 42 U.S.C. 1983 which provides that:

Every person who, under color of any statute, ordinance, regulation, custom, or usage of any State or Territory subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities served by the Constitution and laws shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

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FreeAdvice.com
WHAT IF I AM AT SCHOOL AND A SCHOOL OFFICIAL OR TEACHER WANTS TO QUESTION ME ABOUT A VIOLATION OF THE LAW. DO THEY HAVE TO ADVISE ME OF MY MIRANDA RIGHTS?

No. The higher courts have ruled that school officials, teachers, and counselors do not have to advise you of your Miranda rights before questioning unless they are doing so at the direction of the police.

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BBC h2g2

The Sixth Amendment

In American society today, you mainly hear about Amendments one, two, and five (the Freedom of the People, the Right to Bear Arms, and the Right to not Incriminate Oneself, respectively). This leaves the other Amendments far from people’s minds. What about the 13th Amendment, keeping people from having slaves? What about the Repeal of Prohibition, giving people the right to drink freely? But one of the most ignored Amendments is the sixth, giving rights to people accused of crimes. Well, this poor Amendment is not forgotten completely

  1. Lisa Scoffone
    December 1, 2011 at 3:26 am | #1

    Children and Youth Services and Luzerne County PA I believe is the most corrupt County in the United States . Its one of the top five listed for corruption, and out of home placement for children. Two Judges were arreseted and incarcirated it was called in the papers Kids For Cash.They took children from their parents, for reasons that were not right, they were taking pay off’s for placing many, many children and made millions of dollars by doing so. There are also county workers that are still corrupt, and lying making false reports, taking parents right’s away especially parents who cant afford Attorneys, and they appoint county payroll (their) Attorneys to the parents, and who help CAY take these children from their parent’s these Attorneys who are on the side of these county case workers. I’ve witnessed it myself the Attorney they appointed me in the begining now works for CAY. And when you go to court they tell you they don’t have time to talk to you, and treat you like you don’t exist. Bottom line they don’t care. I asked CAY if my son could stay with my Grandmother, and they said no she is senial, and to old til this day she is not senial nor is she to old I even told CAY I would leave her home. When my son was put in the first foster home he was vomitting daily CAY told me he was bolemic he wasn’t I believe it was because he missed his mother, and being bullied by the other seven children, and given no love or attention. My sons Fathers mother who I did’nt get along with was the one who called CAY and they sais she requested that CAY come to my Grandmothers house to check on him when she knew my phone number, and could have called or came over to visit she also works for the prosecuters office and before this happened she was diagnosed with a mental health issue. When he was taken from me because his Father kidnapped him and an amber alert was put out his Father was diagnosed with stage four terminal cancer, and passed away around four months later. There motto is to preserve families, keep them together, and reunite them. That is a big lie. They tear families apart, take away children from their parents, destroy, and damage families when they enter foster homes most have seven, or eight kids in them, and basically drug these children because they can’t take care of them, and, dont want to be bothered so they lie to their physicians they give them drugs so the children are basically comatosed. They take these children into their homes for the money bottom line. And you would be surprised how many children are abused in these in foster homes, and then CAY cover’s it up because they don’t want to take responsibility for placeing them in the home, or get sued. And try and find a lawyer if you’r child is sexually abused in a foster home. CAY has an unlimited supply of money , and can afford the best Attorney’s in the area. There are no Attorney’s in this area that will represent you against them. I know this for a fact. My oldest son was sexually abused CAY did their own investigation, and due to the foster fathers voice alaysis test they said the allegation was unfounded. I wonder if this foster family has children in their home. My son was abused three times in this foster home, I was told after the second incident I had the right to have him moved to another home CAY supervisers said no then a few weeks later I found out he was being sexually abused by the foster father his testicle was very enlarged, and he could’nt walk properly when I aked him what was wrong he told me the foster mother had been bathing him which is inapprpriate, and the foster mother told him not to worry it’s just a kidney stone, he did’nt want to show me where he was injured he got very nervous , and just kept saying the foster father said he is going to beat the shitt out of him, and he will never see me again finally when he was done taking his bath which he took on his own as alway’s while liveing with me an eight year child is able to do these things for himself. He told me the foster mother had been bathing him the whole time he lived there I think that is inapprpriate. I asked him to show me where it hurt’s he did, I took him to a local Hospital and when the doctor asked him what happened he told him the foster father had done this to him the physician took me in another room and told me, and said he had to make calls to authorities I did’nt want my son to see me crying because I think he felt safe enough to tell the doctor what happened, after I was able to compose myself I went into the room, and consoled him he was crying, and in severe pain the next morning I was instructed to take him to Geisinger in Danville two Associate pediatric surgeons along with an ER doctor examined him, and questioned him I waited outside the room and the physicians told the good news is he does’nt need surgery but the bad news is my son had been sexually molested, and when they asked him who did this to him he said the foster father. At one of my sons rechecks to see if he was healing properly I informed the Associate Pediatric Surgeon who examined him at the Hospital the CAY are doing their own investigation and said he probably fell on his bike he told me he examined every inch of my sons body, and it could’nt have been caused by a bike accident, he then told me to get an Attorney, and neither one of use understood why police authorities were’t involved. The foster family lived in another county thats the only reason why I can think of.He has been seeing a child psychiatrist since this incident he wa it was a state agency, since i’ve regained custody I took him to a private psychiatrist, and therapist who work together. My son will never forget the abuse, and this may cause other problems in life it must be adressed, and he has to talk about it,and not hold it in. I feel it’s my dudy to have justice I dont want my son later on in life to ask me mom why did’nt you do some thing, and why did this man get away with what he did to me.The CAY is a ruthless organization. I dont know how these people live with them selves. Most CAY workers make plan’s to meet at local bar’s two or more times a week I’ve heard them making plan’s to meet, and talk about what happened at the bar , and how drunk certain CAY workers were day’s before and laugh about it. CAY workers should be drug tested you would probably be surprised how many of them are useing drug’s and alcohol. Most of them have children of their own someone should come knock on their door unexpectidly, and test theses CAY employees what makes them any better than any other tax payer in Luzerne County. But we all know’ even them that will never happen they’re no angels, far from it they place children who should not be placed, and make the children lie about their parents most of these children are young, and can be influenced by telling them you’ll never see your parent’s again’ and other horrible things they have their ways , and they always get their way no matter how far they have to go to place children, and make the parent’s look like horrible parent’s I know my son is ten now, and has told me everything these kids are scared they are with stranger’s and say what CAY workers tell them to say, CAY worker’s also lie if they have to I know that for a fact also. so do the foster homes lie about the children to make the kid’s seem bad. Just to keep their jobs, and get bonus’s etc. Both of my children were abused

  2. March 4, 2010 at 7:43 pm | #2

    Thank you I work very hard to keep the victims of CPS Abuse informed and educated so they can fight with knowledge.

    Yvonne

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