Miranda Doesn’t Mean What You Think It Means

I like this post by Cynthia Kouril, Miranda Doesn’t Mean What You Think It Means.

"I am sick to death of listening to people who have no freakin’ clue what they are talking about, go on and on about how reading someone their Miranda warning means they won’t give you actionable intelligence."

"A Miranda warning is merely a reminder of list of rights that an arrestee has.  The person arrested ALREADY HAS THESE RIGHTS upon arrest. The reading of the warning does not confer the rights upon the arrestee."

"An arrestee can refuse to speak at any point, before or after being read their Miranda rights. Likewise, they can continue to speak AFTER being read their rights. Most do. An arrestee’s request for a lawyer is the ONLY thing that limits an interrogation; the arrestee can make this request before or after being read their rights. Once the person asks for a lawyer, interrogation must cease until the lawyer arrives, but may resume thereafter if the lawyer consents; arrestees’ lawyers often consent because it’s in their client’s best interest to cooperate."