Security cameras seem to support police account Oct 5, 2007
Although Gotbaum was arrested for disorderly conduct, police never read her a Miranda warning, according to the report. Officers tried several times, but Gotbaum was too hysterical to listen, they said. (AZCentral -- News)
Molotov cocktail sparks fireman's arrest Sep 25, 2007
Shamblin summoned the police to their location and the suspect was read his Miranda warning. Initially the suspect reported that his younger brother may have had something to do with the incident, according to court records. (Sallisaw Sequoyah County Times, OK)
Hit-and-run driver avoids prison Sep 18, 2007
But his attorney, Kirk Kirkconnel, said he had not been given his Miranda warning, which means he not been advised of his right to remain silent. But Debra Whitley, mother of Roddenberry, reminded Howard that Hernandez had turned around his truck after the crash and drove back to pick up a headlight that had fallen off the vehicle in collision. (Crystal River Citrus County Chronicle, FL)
Former jailer arrested for theft Sep 6, 2007
Under Miranda warning, McAlister allegedly admitted to stealing some of the inmate's hydrocodone and gave a signed written confession, Fuller reported. Sessums on Tuesday had no comment about the case. (Sallisaw Sequoyah County Times, OK)
Reversing Craig's Plea Won't Be Easy Sep 6, 2007
The police officer's Miranda warning to Craig covers only the police interrogation _ not the later court process. In his plea agreement Craig waived five specific rights, including the right to a trial, but not his right to an attorney. (CBS News -- US)
Principal accused of embezzling $100,000 Aug 9, 2007
After reading a Miranda warning form, Couch said, "My lawyer would probably tell me not to say anything, but I want to get this over with.". According to court records, Loyd told Couch that he didn't have to say anything to him and if he had apprehensions, he shouldn't say anything. (Sallisaw Sequoyah County Times, OK)
Questioning juveniles is covered by policies - 2nd of 4 parts Jun 20, 2007
"It is a bit different if the juvenile has been arrested, Huddleston said."If they're taken to the Police Department and processed, they can be questioned," he said. "At that point we would read them the Miranda warning and advise the juvenile that they have a right to have a parent present. If they waive that right, we go ahead and talk to them. (Casa Grande Valley Newspapers, AZ)
Illegal immigrant fails to sway judge in sex case Jun 14, 2007
Mackie said the problem could be resolved with an addition to the already mandated Miranda warning. "It would be a simple thing to add a line to the Miranda warning and advise everybody of that right," he said. (Atlanta Journal-Constitution -- Metro)
Accused murderer's DNA found at scene; motion to dismiss denied May 30, 2007
After a period of questioning, Serrato agreed to go to the Muscatine Pubic Safety Building, where he signed a Miranda warning and gave a DNA sample. Serrato was initially arrested as a material witness because he was the last to see Carmona before the discovery of her body. (Muscatine Journal, IO)
Teens arrested May 26, 2007
Officers read the Miranda warning, which he and his guardian signed. A statement was then taken regarding the youth s participation, with his companion, in both robberies. (Skieston Standard Democrat, MO)
Defendant's attorneys seek dismissal of charges Apr 19, 2007
Navara also testified that he had followed procedure, asking for and receiving Xiong s signature on a Miranda warning prior to the interrogation, which allowed Xiong s testimony to be admitted as evidence. Judge Jeffrey Thompson will take the arguments under advisement and said he plans to issue a ruling in mid-May. (Winona Daily News, MN)
Letters lead to trial delay Apr 13, 2007
They testified that they read Fletcher his Miranda warning rights three times before he gave investigators an interview, which was videotaped ... McLemore asked Jenkins about a statement Billy Fletcher made at the beginning of the interview, specifically when he said during the third Miranda warning that it was the time he was supposed to have a lawyer and all that kind of crap. (Buffalo Reflex, MO)
Sayre Borough: Three jailed after knives were brandished during fight ... Athens Borough: Borough guarantees fire truck loan ... Bradford County: Brown announces campaign for commissioner ... ';var marqueewidth="350px";var marqueeheight="20px";var marqueebgcolor="#FFFFFF";////NO NEED TO EDIT BELOW THIS LINE////////////var pauseit=1;var marqueespeed=1 //slow speed down by 1 for NSvar copyspeed=marqueespeedvar pausespeed=(pauseit==0)? copyspeed: 0var iedom=document.all||document.getElementByIdif (iedom)document.write(''+marqueecontent+'')var actualwidth=''var cross_marquee, ns_marqueefunction populate(){if (iedom){cross_marquee=document.getElementById? document.getElementById("iemarquee") : document.all.iemarqueecross_marquee.style.left=parseInt(marqueewidth)+8+"px"cross_marquee.innerHTML=marqueecontentactualwidth=document.all? temp.offsetWidth : document.getElementById("temp").offsetWidth}else if (document.layers){ns_marquee=document.ns_marquee.document.ns_marquee2ns_marquee.left=parseInt(marqueewidth)+8ns_marquee.document.write(marqueecontent)ns_marquee.document.close()actualwidth=ns_marquee.document.width}lefttime=setInterval("scrollmarquee()",20)}window.onload=populate;function scrollmarquee(){if (iedom){if (parseInt(cross_marquee.style.left)>(actualwidth*(-1)+8))cross_marquee.style.left=parseInt(cross_marquee.style.left)-copyspeed+"px"elsecross_marquee.style.left=parseInt(marqueewidth)+8+"px"}else if (document.layers){if (ns_marquee.left>(actualwidth*(-1)+8))ns_marquee.left-=copyspeedelsens_marquee.left=parseInt(marqueewidth)+8}}if (iedom||document.layers){with (document){document.write('')if (iedom){write('')write('')write('')write('')}else if (document.layers){write('')write('')write('')}document.write('')}}Wednesday, February 21, 2007 Sayre Borough: Three jailed after knives were brandished during fight Feb 21, 2007
After receiving and waiving their Miranda warning, Womack, Fitzgerald and Dennard provided officers with voluntary statements, police said. In those statements, Womack and Fitzgerald admitted to possessing a knife and utilizing it against two victims, while Dennard only admitted to kicking one victim, police said. (Sayre Evening Times, PA)
Medical examiner reports findings in triple homicide Jan 11, 2007
111 N. Oak St. Sallisaw, OK 74955 (918)-775-4433 or 1-800-495-4433. Wednesday, January 10, 2007 4:40 PM CST. (Sallisaw Sequoyah County Times, OK)
Illegal immigrant smuggles history Dec 4, 2006
Guzman-Garcia was surprised by the Miranda warning, interrogation and trip to jail. "I thought they were going to call immigration and send us to Mexico," he said. (AZCentral -- News)
Defense motion says arrest should be thrown out Dec 3, 2006
Another contention by Patchett that Leverett was not properly read his Miranda rights -- the right to remain silent -- fell by the wayside during the hearing after it became plain Leverett received Miranda warnings at the scene and at the Saline County Detention Center after his arrest. The Miranda warning was part of a voluntary statement signed by Leverett, Ahrens testified. (Harrisburg Daily Register, IL)
Alva police arrest five within hours on drug charges Dec 2, 2006
A Miranda warning was read to Bradley. Another person in the residence, 18-year-old Brittany S. Bagnell, was also served with a copy of the search warrant and given a Miranda warning. (Alva Review Courier, OK)
Police bust more underage drinkers Nov 30, 2006
Michael Herell said the Miranda warning is for the interview process. "If you're drinking and I ID you and you are underage, I can arrest you. I don't have to read your rights as long as I don't ask you questions about the specific crime, like where you get the alcohol and who did you buy it from," Herell said. (Ohio State University -- The Lantern, OH)
Teen arrested on drug charges Nov 30, 2006
After receiving a Miranda warning and answering in the affirmative that he understood his rights, the younger Supernaw said the marijuana and drug paraphernalia were his. He emphasized that his older brother had nothing to do with it. (Alva Review Courier, OK)
Unprescribed pills land Oklahoma City woman in jail Nov 26, 2006
After being given her Miranda warning, the woman was asked if she was willing to talk without an attorney present. She said yes. (Alva Review Courier, OK)
Mom accused of tossing newborn baby into canal gets probation Nov 17, 2006
The charges were reduced to manslaughter in September after a state appeals court threw out her confession because Broward County sheriff's detectives used an improper Miranda warning to advise Weiss of her rights. The form, which has since been replaced, failed to tell suspects they had the right to an attorney during questioning. (WSVN-TV Miami, FL)
Murder suspects want confessions barred from evidence Nov 13, 2006
"If somebody makes a confession, you can't just give somebody a Miranda warning and then get it again," he said ... "There is no evidence of trickery or any attempt to have the defendant make incriminating statements without the benefit of the Miranda warnings," Hughes wrote. (Newsday -- State)
Statements thrown out in murder case Nov 4, 2006
The judge said police had violated Jessica Anctil's rights when they questioned her while she was in custody and did not read her a Miranda warning, advising her that her statements could be used against her in court. Anctil has pleaded not guilty to first-degree murder. (WCAX.com, VT)
Burns has been beneficial for Butte Oct 30, 2006
Ostin Warren wrote on October 29, 2006 10:01 PM:"What is a Miranda warning? What is a search warrant? Those are part and parcel of due process. To say otherwise is a complete untruth and goes against our very constitution...but you and Bush don't seem to mind doing that." ... Ostin Warren wrote on October 29, 2006 5:04 PM:"John: When due process rights (including writing and execution of search warrants, Miranda warnings, police testifying in courts) is not applied by policepersons, it is a... (Montana Standard, MT)
Dixon man charged with sexual exploitation of child Oct 20, 2006
I placed Mr. Wimer under arrest and advised him of his Miranda Warning to which he stated he understood and began to state he had taken a starter without paying for it, Perschbacher wrote in the probable cause statement. Mr. Wimer was then placed into my vehicle and a search incident to arrest was initiated. (Waynesille Daily Guide, MO)
Leverett hearings on motions rescheduled Oct 14, 2006
Patchett contends Leverett was not read a Miranda warning -- the right to remain silent -- despite being under arrest and having given a urine sample. Leverett is free on bond awaiting his court appearances. (Harrisburg Daily Register, IL)
Delray priest admits taking Easter collections and other church money, says warrant Oct 7, 2006
Even before being read his Miranda warning, Skehan "blurted out that he misappropriated money" from the church, the warrant shows. Skehan admitted setting up slush fund accounts, which were in place when Guinan took over as pastor. (Sun-Sentinel.com)
Leverett attorney seeks to suppress statements, search Oct 6, 2006
Patchett contends Leverett was not read a Miranda warning -- the right to remain silent -- despite being under arrest and having given a urine sample. Because Leverett was not made aware of his rights by police after his arrest, Patchett contends the statements should be thrown out. (Harrisburg Daily Register, IL)
Former minister challenges confession Sep 14, 2006
Kiger testified that McCartney read Heberlein his statement of rights and the Miranda warning, asking after each line whether the defendant understood it. Heberlein did not invoke his right to have an attorney present, Kiger said. (Alton Telegraph, IL)
In the War on Terror, Liberals Are More Dangerous Than Muslims Sep 12, 2006
Now, it s decided to oversee anti-terrorist operations, applying the same principles here that have given us the Miranda warning, the exclusionary rule and furloughs for lifers. In mid-July, U.S. District Court Judge Anna Diggs Taylor (a Carter appointee, naturally) declared that a government program to intercept overseas phone calls between persons in the U.S. and al-Qaeda operatives abroad was unconstitutional. (Human Events Online)
[LAW TALK]Know your rights in the criminal justice system Aug 29, 2006
This is similar to the Miranda warning mandated in the United States. If the suspect is not informed of his or her rights, any statements made before such rights are known may be inadmissible in court. (Korea Herald, Korea)
No rulings made yet on Jones' motions Aug 23, 2006
Harris said he read his Miranda warning to Jones, who signed a paper with Miranda written at the top. Harris said he and officer Eric Chadwick of the East Ridge Police Department signed each page and noted the time. (Calhoun Times, GA)
Judge: Prosecution can use suspect's confession in Kemp killing Aug 22, 2006
Leben ruled that the Miranda warning was not necessary at the time because "a reasonable person in Appleby's shoes would have considered himself in custody at that point.". Leben also noted that later that day, Appleby waived his Miranda rights before confessing to two Leawood detectives at the police station in Litchfield, Conn. (Newsday -- State)
Confession out in case of girl accused of killing baby in 2001 Aug 10, 2006
The now retired Broward Circuit Judge Sheldon Shapiro ruled that her statements were inadmissible because she should have been given the correct Miranda warning. Weiss was 17-years-old when prosecutors say she hid her pregnancy, delivered the baby alone in her home and immediately suffocated the child in April 2001. (WSVN-TV Miami, FL)
Bilingual ability a big asset Aug 7, 2006
"And it isn't just the firefighters.The Wilmington Police Department also has conducted training for its officers so they can use some rudimentary Spanish when they encounter Hispanics on calls."It's obviously not going to make you fluent, but what they do is to try to give you common greetings and so forth so you can at least have basic knowledge of the language," said Deputy Chief David Conklin.With a growing Hispanic population across the country, "it's getting to be an essential part of law... (The Morning Star)
The Detainees And The Law Aug 5, 2006
The White House keeps braying that it is absurd to require our soldiers to read terror suspects a Miranda warning while the battle rages. But no one on the other side of the debate is even making that argument. (CBS News)
Judge tosses confessions in rape-murder case Aug 2, 2006
Thomas ruled that FDLE agent Francisco Hidalgo's failure to give Lebron a Miranda warning about his right to remain silent and his right to an attorney was ``not in good faith ... After talking with Lebron for awhile, detectives read him a Miranda warning and requestioned him, but Thomas ruled that at that point it was too late. (The Miami Herald)
Oshkosh woman gets jail time for concealing newborn's death Jul 29, 2006
In October, an appeals court upheld a judge's decision to throw out Cleaver's statements to police because they were taken before Cleaver received her Miranda warning. Cleaver's six-month jail term was part of an overall two-year probation sentence. (Chippewa Falls Chippewa Herald, WI)
FBI tried to recruit Padilla, agent says Jul 19, 2006
Caruso cited an FBI policy that requires agents to issue the so-called Miranda warning at the outset of any interview expected to end with an arrest. But Fincher said Padilla's arrest was not a certainty. (FOX59, IN)
Tape shows distraught Mincer Accused killer insists he didn’t mean to hurt his 16-month-old daughter Jul 19, 2006
They tape themselves giving the Miranda warning and then they tape the statement. That way, the defense can t say (anyone) was coerced or bribed. (Scranton Times, PA)
Arrest made in Radio Shack burglary Jul 1, 2006
Approximately five minutes later, Chief of Police Arlo Darr read Beierschmitt the Miranda warning and Beierschmitt signed a waiver of rights. At 3:40 p.m., Chief Darr asked permission to search the apartment. (Alva Review Courier, OK)
Supreme Court Rules Against Foreign Suspects Arrested in U.S. Jun 29, 2006
He was given and waived a Miranda warning, but he was not told he could contact the Mexican consulate. Mario Bustillo, a citizen of Honduras, wanted a new trial so he could present newly discovered evidence that another Honduran committed the crime. (Fox News)
Parrish confident in Lucas appeal Jun 28, 2006
Hence, no Miranda warning was required. Lucas' alleged partner, Brent Lee Saner, 21, of Burlington, is likewise hoping the Court of Appeals will overturn his first degree murder conviction. (The Hawk Eye)
Murder victim identified Jun 21, 2006
After he was read his Miranda warning, Cullum signed a waiver agreeing to speak with investigators. Mr. Cullum told us that he called Ms. Walker on June 5, 2006, and asked her to meet him at Dudley Park so the two could possibly work things out about the child, Sullivan wrote in his affidavit. (Skieston Standard Democrat, MO)
JURY SELECTION TO START MONDAY IN BROOKS TRIAL Jun 19, 2006
The affidavit reads, "After reading the listed suspect his Miranda warning, he admitted to shooting the listed victim one time that caused his death.". Assistant District Attorney Billy Byrd said Brooks says he shot Oliver in self-defense. (Tyler Morning Telegraph, TX)
Right to remain silent turns 40 Jun 14, 2006
If police fail to issue Miranda warnings properly, the testimony can be suppressed in court -- an issue often debated by attorneys, said Frederick County State's Attorney Scott Rolle ... While many people can recite the text of the Miranda warning, the circumstances surrounding its application are often confusing. (Frederick News-Post)
Reach Out and Tap Someone Jun 13, 2006
Americans do not understand the implicit Miranda warning on any such surveillance scheme: any information the feds stockpile can be used against people the government does not like or people the government seeks to silence or suppress. If Americans acquiesce to the feds warehousing their phone-call data, this will simply encourage the seizure of far more personal information. (The American Conservative)
Shots fired at Normandy Apartments Jun 10, 2006
At that time, Trooper McCullough explained they wanted to ask him some questions and read Balerio the Miranda warning. After asking him about a gun and ammunition, Balerio explained he was having some friends over for a barbecue earlier Wednesday evening. (Alva Review Courier, OK)
Full story..... Jun 6, 2006
Blum also said Brancato failed to read Farrell his Miranda warning before taking his statement. Farrell was in court Monday to challenge statements he allegedly made to investigators following his arrest. (Oswego Palladium-Times, NY)
A year of 'catch and release' Jun 1, 2006
While Aruba has no Miranda warning of the right to a lawyer and the right to not incriminate oneself, it does have something similar, called a cautio, Simon said. And, Aruban law does not require parents and children to testify against one another. (CNN -- Law)
More of this story May 24, 2006
In his motion to suppress, Egbert argued Cohen was denied the protection of a Miranda warning when he was first interviewed during the internal probe that preceded criminal charges. Jabour first asked to call Cohen to the stand but was rebuffed by Borenstein who said calling the central defendant during a pre-trial hearing would likely be a waste of time. (The Enterprise, MA)
WP: Tactics to get DNA disputed May 20, 2006
Unlike the Miranda warning, which advises crime suspects that whatever they say may be used against them, no such warning is required before DNA is taken. "Maryland has no protocol for telling you anything when asking for DNA," said Matt Campbell, a former Montgomery County prosecutor. (MSNBC -- Crime)
Warning at issue in Porco hearing May 19, 2006
Christopher W. Bowdish, a longtime detective, admitted during a cross-examination by Porco's attorney that he read only the first two lines of a seven-line Miranda warning before sliding the waiver in front of the 22-year-old college student and asking him to sign it ... McDermott also said a Miranda warning was not required because Porco was not under arrest, had never been placed in handcuffs and was never told he couldn't leave the police department ... The legal hurdle for the judge in the... (Albany Times Union)
Silence could be golden for immigrants May 16, 2006
But none of those people would be in custody if the migrants had taken the translated words from the Miranda warning to heart: You have the right to remain silent. If they had, Thomas and Arpaio would be largely silent as well. (AZCentral -- News)
Arizona's celebrity (grave) sightings May 6, 2006
Claim to fame: Namesake of the Miranda warning that must be given to criminal suspects in police custody. Miranda was a laborer arrested in 1963 and convicted of kidnapping, rape, and armed robbery based on a confession obtained during a police interrogation. (AZCentral)
Wichhart mental state disputed May 5, 2006
Rogers argued that Wichhart was unable to ascertain his Miranda warning prior to police questioning due to his extreme intoxication. Rogers also argued Wichhart experienced loss of memory due to a large amount of prescription and over the counter medications taken the day of Mertens' death. (The Hawk Eye)
Jury selection begins in 1987 murder case May 2, 2006
At no time prior to taking the clothing or questioning Knapp did Roets give him the Miranda warning, the decision stated. The decision also stated that failure to exclude the sweatshirt Roets obtained would encourage police to flout Miranda protections when there is an opportunity to grab evidence. (Watertown Daily Times, WI)
Mom accused of severing baby's arms 'very sick' Feb 14, 2006
Schlosser, covered with blood, acknowledged her right to remain silent after he read the Miranda warning, Tilley said, but she also claimed to be uninjured even though she had given herself a deep, three-inch knife wound in her left shoulder. A jury of seven women and five men was selected Friday to hear the case. (Houston Chronicle)
NEWSWEEK: Senate Intelligence Committee Likely to Open Investigation Into NSA Wiretapping; Key Republicans Expected to Join Call for More Info From White House, Intel Agencies Feb 13, 2006
Emerging Evidence of Warrantless Arrests: Suspect Claims FBI Interrogated Him for Weeks Without Lawyer, Miranda Warning NEW YORK, Feb. 12 /PRNewswire/ -- Last week was particularly rough for President Bush's team on Capitol Hill as former FEMA director Michael Brown used a congressional hearing to lay the blame for the botched handling of Hurricane Katrina on the White House and the Homeland Security Department. This coming week is not going to be any better, report Investigative Correspondent... (PR Newswire)
Cops said to be ignoring Miranda Feb 9, 2006
The Miranda warning also informs a suspect that he has a right to have an attorney present during his interrogation ... Coffee contends that some Metro officers - specifically, Detective Ken Hardy - use "investigative detentions" to intimidate people into voluntarily speaking with police, circumventing Miranda warnings in order to draw legally questionable confessions ... By not arresting and issuing Miranda warnings until after confessions are given, Coffee argues, Hardy also sidesteps a June... (Las Vegas Sun)
Alito Gives Senate Committee More Answers (AP) Jan 21, 2006
" Alito has distanced himself from that memo, telling senators he wrote it as an advocate who was looking for a job in the conservative Reagan administration. During his confirmation hearing, he refused during to say whether he still believes that statement. Alito did offer opinions on: _The Miranda warning that comes from the 1966 decision requiring police to tell suspects they have the right to remain silent and to have an attorney present when answering questions. Alito said the Miranda... (RSS - Yahoo News - Politics)
5th Circuit 'Miranda' Case Muddies the Waters Jan 19, 2006
For nearly 40 years appellate courts have disagreed about whether police must tell defendants they have a right to counsel during interrogation, as well as before questioning, as part of the Miranda warning ... He gave a tape-recorded confession that the defense sought to suppress based on the failed claim of an inadequate Miranda warning. (Law.com)
What we know, dont know about Alito? Jan 12, 2006
who has proven to be stalwart supporter of Alito, and who supports Roe v. Wade, seemed to hear an entirely different answer from Alito: that like the late chief justice William Rehnquist in his ruling on the Miranda warning to criminal suspects, Alito endorses the idea that a controversial Supreme Court ruling can become embedded in the culture of the country and therefore ought not be overturned. Kate Michelman, former head of the abortion rights group NARAL Pro-Choice America said the... (MSNBC -- Politics)
