Various legal rights protect those dealing with the state. Police officers act on behalf of the state to protect the public, enforce the law and investigate various matters. As such, they are subject to many rules regarding their professional conduct.
The law limits when police officers can search private property. Officers may have to use appropriate force as necessary when performing job functions, and they must take care not to become unnecessarily forceful. They also need to ensure that they appropriately uphold the rights of individuals. One of the ways that officers comply with the law and judicial precedent is by providing the Miranda warning after taking someone into state custody.
The Miranda warning advises people of their right to remain silent and their right to have legal representation for the duration of their issue. In some cases, police officers may break the rules that govern the Miranda warning. What does a Miranda violation mean for a criminal defendant?
Violations provide defense opportunities
The Miranda warning is an extension of certain protections enshrined in the Bill of Rights. After taking an individual into state custody, police officers have an obligation to inform that person of their basic rights before questioning them. That duty is so important that there is a requirement to provide translation services if there is a language barrier.
Police officers do not need to provide the Miranda warning during an arrest. Instead, the warning becomes necessary when officers intend to question someone who is already in state custody. Officers can ask questions of individuals before arresting them without providing the Miranda warning. They can arrest people without questioning them and avoid Miranda violations.
However, questioning someone after arresting them without providing the Miranda warning could undermine the state’s legal case. A defense attorney could ask a judge to set aside any statements made after a Miranda violation.
Confessions and statements that implicate a defendant may not be admissible evidence if Miranda violations occurred. Learning more about the rules that govern police conduct can help those facing criminal charges.
The best criminal defense strategies often rely on details, such as the misconduct of police officers. Dependents may need to discuss a possible civil rights violation with a skilled legal team to determine if they can leverage police misconduct as part of a defense strategy.