Although it may seem intuitively obvious how remaining silent differs from requesting an attorney to be present before further questioning, there are practical differences that are more subtle and significant. To read about the different effects caused by just remaining silent in the face of questioning and affirming request of counsel, click on the following link.
What are the magic words one must say to assert the right to remain silent? Can one just say, “I do not want to answer any questions?” Does one have to tell the police that he or she will not answer questions until his or her attorney is present? Does one have to cite to the Fifth Amendment or Miranda in telling the police that he or she wants to remain silent? To read more about asserting the right to remain silent, click on the following link.
Exactly what must police say to properly advise one of one’s rights under Miranda? What if the defendant can’t speak or understand English? When police do give the admonition, do they need to tell the suspect what the reason is for the questioning or what charges are possible? After all, this would certainly make the suspect’s decision to speak or silent easier. To read answers to these questions, click on the following link.
If one believes that being in police custody is required for Miranda warnings to be issued, that person is in the small minority of people who correctly understand Miranda. But what kind of police custody? If the police ask someone to exit their vehicle is that being in custody? Or does one need to be in a jail cell? How about if one is handcuffed? What if one is in a police car, but not handcuffed? To read more about this issue and when Miranda must be read, click on the following link.
The following case summary describes an expansion of Fourth Amendment rights and originate with a traffic stop in Torrance. The man was stopped by the Torrance police for violating a law punishable as an infraction. While the police officer was with the suspect, he searched the man’s cell phone and found child pornography. Is such a search legal and if not, why not? Click on the following link to find out.
As one can imagine, it is impossible to cross-examine a dead man at trial to find out if his vision, hearing and other perceptions were reliable and credible, so that a jury can properly determine the weight to give a dead man’s statement. However, are there certain circumstances where admitting such a statement is permissible and if so, when? To read more about this issue, click on the following link.
Whenever there is a confession made by defendant, or an admission, defense counsel often think about adopting a damage control posture, rather than fighting to exclude admission of such a confession or admission. What is the difference between a confession and an admission? What can a defense attorney argue to exclude such bad evidence? Click on the following link to find out.