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The FloridaDefense.com Podcast is hosted by the attorneys at Bauer, Crider and Parry. Bauer, Crider and Parry are a criminal defense team in the Tampa, Florida with over 30 years of strong defense and over 30 years of stronger results. Find out more at http://www.floridadefense.com/
Most Recent Episode
St. Petersburg Miranda Rights Defense Attorneys
Mar 16 16
Mike Kenny, attorney, Bauer, Crider, and Parry: So, the recap is the Miranda warnings themselves have five specific portions that must be read to a suspect. They have to be told they have the right to remain silent. They have to be told that they have a right to an attorney. They have to be told that if they can't afford to hire one, one will be appointed for them. They have to be told that they can exercise those rights at any time.
The setting where Miranda warnings have to be read: it has to be in a custodial interrogation. Custodial meaning the person has to have his freedom of movement limited in .a manner that is objectively reasonable. Like people would expect. “Yeah, I can't go. I’m not free to go. I’m answering these questions.” Now, that particular aspect is a very heavily litigated aspect. Because there are times that the officer’s going to say, “Hey, listen. He wasn’t in custody. I was just, you know, I was just walking up to him and we are having a consensual encounter. This was just a normal conversation.”
So, the inquiry to whether, or not. a person is in custody is very fact-specific and they look at the manner of questioning. They look at whether the person was told he or she was free to leave. Whether the officers came up with some show of force that would cause a reasonably objective person to believe that he wasn't as free to turn around walk away, or refuse to answer questions. And the courts are going to look at all that to determine whether, or not, that first box has been checked. “Is he in custody?”
And then the second box, which is a little bit easier - interrogation. You know? Has he been asked questions designed to eliminate an incriminating response? Well, they look at what was asked? How was the conversation made? Is it that Christian burial speech which was clearly designed to get this person in the backseat to feel remorseful? And say, “All right. Let me tell you where the bodies are.” That is also heavily litigated.
But the biggest issue is is the person custody or nor? Because putting handcuffs on you isn't the only time a person is in custody. And these Miranda warnings matter because what happens is that they're not read when they should have been, an admission to a crime is kept out of evidence. Or, not even an admission to a crime, but maybe an admission to being present when a crime was committed. Sometimes, you know, that's very important. Obviously, if a pro