What two conditions must be present for Miranda warnings to apply?

What are three exceptions to the Miranda requirement?

The three exceptions are known as the “impeachment exception,” the “emergency exception” (also known as the “public safety exception”), and the “routine booking exception.” We begin with impeachment.

Does the Miranda warning apply to everyone?

Miranda Rights apply to everyone in the United States, including youth who are on probation. > The right to speak to an attorney before being interrogated (questioned by law enforcement) apply to all youth under 18 years old in California, including youth who are on probation.

Under what circumstances might the Miranda rule be ignored legally?

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Gr and Jury, except in cases arising in the l and or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same of fence to ...

When must Miranda warnings be given Quizlet?

(AGE must be considered when questioning). Questioning a person who is in custody for another offense: Miranda warnings must be given any time the suspect is being questioned for another offense when already in jail or prison.

Are there any exceptions to needing to read a Miranda warning?

Nonetheless, there are two exceptions to the required Miranda warnings for an in-custody suspect. The first is called the “rescue doctrine” exception and the second is called the “public safety” exception.

What are the four major elements of the Miranda warning?

The Four Core Components of the Miranda Warning

• You have the right to remain silent. This is the most fundamental protection. ...
• Anything you say can and will be used against you in a court of law. ...
• You have the right to an attorney. ...
• If you cannot afford an attorney, one will be appointed for you.

Which of the following warnings is not required by Miranda?

Which of the following warnings to suspects is not required by the Miranda decision? A warning that they have the right to terminate the interview at any time.

What types of questions can police ask before reading the Miranda warning?

Question: What types of questions are police allowed to ask before reading the Miranda Warning? Answer: So, they're allowed to ask basic questions, maybe like your age, your name, maybe where you live; certain things that don't go to the elements of the crime or the investigation.

What are the two triggers that require police to advise someone of their Miranda rights?

They only need to read your Miranda Rights under two specific conditions: You are in police custody, meaning a reasonable person would not feel free to leave; and, You are being interrogated, meaning officers are asking questions designed to gather evidence or elicit incriminating responses.

What does 12 mean for cops?

"12" is slang for police, originating from the police radio code 10-12 ("visitors present," meaning civilians nearby), which became a shorthand warning, and possibly influenced by the TV show Adam-12, used in hip-hop and urban culture to mean cops are around or to be wary of law enforcement. It's used in contexts ranging from casual conversation to cautionary warnings like "Watch out for the 12" or "Fuck 12".
 

Can I legally cuss out a cop?

It's generally not illegal to curse at a police officer in the U.S. because of First Amendment protections for free speech, but it can lead to arrest if the language crosses into "fighting words," threats, or disrupts public order, potentially resulting in charges like disorderly conduct or resisting arrest, depending on state laws and the officer's interpretation of the situation. While cursing alone is usually protected, actions like shaking fists, spitting, or making threats can remove that protection and lead to criminal charges. 

What three conditions must be met for Miranda warnings to be waived?

For a waiver to be legally valid, it must be:

• Knowing: You understand your rights and what you're giving up.
• Voluntary: You were not coerced, threatened, or tricked.
• Intelligent: You fully comprehend the consequences of waiving those rights.

What does Amendment 4 say about police?

Although the Fourth Amendment requires that all searches and seizures be reasonable, usually necessitating a prior arrest or search warrant, the Supreme Court has recognized some exceptions, particularly where motor vehicles are concerned.

How many requirements are present that must be satisfied before a warrant can be issued?

A police officer, or other official seeking a warrant, must establish probable cause to the satisfaction of a judge, must make an “[o]ath or affirmation” as to the truth of the matters supporting probable cause, and must “particularly describ[e] the place to be searched, and the persons or things to be seized.” A ...

What are the two exceptions to the Miranda rule?

Miranda warnings aren't required in situations like the Public Safety Exception, where police need immediate info (e.g., weapon location) to protect people, and for Voluntary Statements, when someone speaks without being questioned, or during Routine Traffic Stops, unless custody and interrogation occur. Key triggers for Miranda are being in custody (not free to leave) and interrogated (questioned in a way likely to get an incriminating response). 

Can silence be used against you in court?

In the 2013 Supreme Court case of Salinas v. Texas, the Supreme Court effectively placed an asterisk on the Fifth Amendment right to remain silent. The Supreme Court held that a suspect's silence in the face of police questioning could be used against him at trial because he did not explain why he was remaining silent.

Can evidence be dismissed due to Miranda violation?

Miranda rights protect individuals from self-incrimination during police questioning. When law enforcement violates these constitutional protections, statements obtained may be excluded from evidence, significantly weakening the prosecution's case.

What triggers Miranda warnings?

Circumstances triggering the Miranda requisites

Miranda warnings, are "custody" and "interrogation". Custody means formal arrest or the deprivation of freedom to an extent associated with formal arrest. Interrogation means explicit questioning or actions that are reasonably likely to elicit an incriminating response.

What is an example of police violating civil rights?

Police civil rights violations include excessive force, false arrest/imprisonment, unreasonable searches and seizures, malicious prosecution, racial profiling, failure to provide medical care, coerced confessions, and sexual misconduct/assault, violating constitutional rights like the Fourth, Fifth, and Fourteenth Amendments, often addressed through laws like 42 U.S.C. § 1983. 

Can you be handcuffed without being read your rights?

Yes, a police officer can handcuff you without reading your Miranda rights because Miranda warnings (right to remain silent, right to an attorney) only apply when you are both in custody (handcuffed/not free to leave) AND being interrogated (questioned). If they handcuff you but don't question you, or if they ask simple questions during a roadside stop before custody, they don't need to read your rights; the main consequence of not reading them is that any statements you make during custodial interrogation might be inadmissible in court, but the arrest and case can still proceed with other evidence.