Citation: 384 U.S. 436, 10 Ohio Misc. 9, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966) Brief Fact Summary: Self-incriminating evidence was provided by the defendants while interrogated by police without prior notification of the Fifth Amendment Rights of the United States Constitution. Synopsis of Rule of Law: Authorities of the Government must notify suspects of their Fifth Amendment constitutional rights prior to an interrogation following an arrest.
Facts: The Supreme Court of the United States consolidated four separate cases with issues regarding the admissibility of evidence obtained during police interrogations. * The first Defendant, Ernesto Miranda, was arrested for kidnapping and rape. Mr. Miranda was an immigrant, and although the officers did not notify Mr. Miranda of his rights, he signed a confession after two hours of investigation. The signed statement included a statement that Mr. Miranda was aware of his rights. * The second Defendant, Michael Vignera, was arrested for robbery. Mr. Vignera orally admitted to the robbery to the first officer after the arrest, and he was held in detention for eight hours before he made an admission to an assistant district attorney. There was no evidence that he was notified of his Fifth Amendment constitutional rights.
* The third Defendant, Carl Calvin Westover, was arrested for two robberies. Mr. Westover was questioned over fourteen hours by local police, and then was handed to Federal Bureau of Investigation (FBI) agents, who were able to get signed confessions from Mr. Westover. The authorities did not notify Mr. Westover of his Fifth Amendment constitutional rights. * The fourth Defendant, Roy Allen Stewart, was arrested, along with members of his family (although there was no evidence of any wrongdoing by his family) for a series of purse snatches. There was no evidence that Mr. Stewart was notified of his rights.
The Essay on 5 steps in a process to collect digital evidence
Some important steps in the process of collecting digital evidence from the time you are called to assist and the time when you have to testify are: identifying evidence, collecting evidence, preserving evidence, analyzing evidence and presenting evidence (Solomon et. al, 2011, Loc 2332). One of the first steps in identifying evidence is understanding the purpose of the investigation. This ...
After nine interrogations, Mr. Stewart admitted to the crimes. Issue: Whether the government is required to notify the arrested defendants of their Fifth Amendment constitutional rights against self-incrimination before they interrogate the defendants? Held: The government needs to notify arrested individuals of their Fifth Amendment constitutional rights, specifically: their right to remain silent; an explanation that anything they say could be used against them in court; their right to an attorney; and their right to have an attorney appointed to represent them if necessary. Without this notification, anything admitted by an arrestee in an interrogation will not be admissible in court.
Dissent: Justice Tom Clark argued that the Due Process Clauses of the Fifth and Fourteenth Amendments of the Constitution would apply to interrogations. There is not enough evidence to demonstrate a need to apply a new rule as the majority finds here. The second dissent written by Justice John Harlan also argues that the Due Process Clauses should apply. Harlan further argues that the Fifth Amendment rule against self-incrimination was not intended to forbid any and all pressures against self-incrimination. Justice Byron White argued that there is no historical support for broadening the Fifth Amendment of the Constitution to include the rights that the majority extends in their decision. The majority is making new law with their holding. Argued: February 28, March 1, and March 2, 1966
Decided: June 13, 1966 Vote: 5-4 in favor of Defendants Conclusion: The majority notes that once an individual chooses to remain silent or asks to first see an attorney, any interrogation should cease. Further, the individual has the right to stop the interrogation at any time, and the government will not be allowed to argue for an exception to the notification rule. Follow-up (Miranda v. Arizona): After the Supreme Court overturned the conviction of Miranda, the State of Arizona retried him. Miranda was convicted in the second trial by Arizona and sentenced to 20-30 years; the confession by Miranda was not introduced as part of evidence.
The Essay on Fourth Amendment School Search Court 2
Name of the case and year it was decided X New Jersey v. T. L. O. (1985) The constitutional amendment V or section the eof X which the court is interpreting X 14 th amendment The specific facts of the case X On March 7, 1980, a teacher at Piscataway High School in New Jersey found two girls smoking in a restroom. Since this was a violation of school rules, the teacher took the two students to the ...
