The Search & Seizure Show

Do you have to read Miranda in full?


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Hello, Law enforcement officers. It's Anthony Bandiero, here with Blue to Gold law enforcement training. And today we're gonna ask a very simple question. Do you need to read Miranda in its entirety to someone who claims that they already know their rights?

The answer is yes. Even if you're, even if you're arresting a judge that's been on the bench for 40 years, and all he's done is criminal trials. And you arrest him for domestic violence. And you want to read him, Miranda. And as you're reading it, he says, hey, look, I don't need you to read me, Miranda. I know Miranda from the back of my hand. I can read you, Miranda, if you want me to, if you want me to. You can't say this is I find it funny because it's kind of ridiculous. You can't if you intend to interview him or her. You can't stop and say, Okay, I know you understand Miranda. You have to read Miranda, in its entirety. And the main reason here is that when you go to court, and you try to argue to the court that you got to a knowing and intelligent waiver of Miranda, well, it's hard to prove that the that the person knew their rights and knew what they were waiving, without you telling them what they are waiving. Does that make sense? So if if you tell him you have the right to remain silent, and he knew you stop right there because they know their rights, and you are convinced that they do know the rights, let's say you've read this person 2020 times before and you've read a Miranda 20 times before, but then you never read them that they have the right to an attorney. And if they couldn't afford one, one would be provided. It's hard to go into court and say, well, he intelligently knowingly waived his right to counsel. Because he told me he knew all his rights. You see the point there. That's the courts, basically, in order to prevent this kind of back and forth, and I know he knew his rights because I dealt with him before. They have a blanket rule. You have to read Miranda in its entirety. So I hope this helps. If you have any other questions, email me at [email protected].

Until next time, be safe

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The Search & Seizure ShowBy Anthony Bandiero

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