Miranda rights.

If a person is arrested, he must be read

POP QUIZ
1. Is the right to remain silent limited to testimonial confessions?
Why or why not?
RIGHT TO REMAIN SILENT
- Refers not only to testimonial confessions but also to acts
- but does not apply to acts that are merely mechanical (does not
require use of intelligence) or to general questions (e.g. What is your
name? Right to remain silent? Grabe ha ^_^)
his Miranda rights prior to any questioning by law enforcement.Nov
5, 2011
When must Miranda warnings be given to suspects?
When Must The Police Read Me My Miranda Rights? The Miranda
warning is usually given when a person is arrested. However,
the Miranda Rights attach during any “custodial interrogation” (when a
person is substantially deprived of their freedom and not free to leave)
even if the suspect hasn't been formally arrested.

MECHANICAL ACTS: Situational

A, B and C went to a bar. Unfortunately, before the night peaked a brawl
Paraffin test erupted inside the bar, and instead of partying all night,they ended up in the
DNA test police station. Inside the police station, a police officer asked them one by one
Examination of physical body about what happened in the bar, and repeatedly told them to admit that they
Fingerprinting were involved in the fight. A is not sure if that is legal or if he followed the
Being asked to step on a footprint to compare foot size procedure. What are their rights are after they were taken to the police
station?
NOT MECHANICAL:

Handwriting The investigation that took place inside the police station is referred to as
Initials on marked money custodial investigation. Custodial investigation involves any questioning
Signing of inventory receipts in search warrant (see People vs. Go) initiated by law enforcement authorities after a person is taken into custody
Reenactment or otherwise deprived of his freedom of action in any significant manner
(People vs. Marra, G.R. 108494, September 20, 1994). This is what happened
Is the Right to Independent and Competent Counsel an absolute right? in your case, when the police officers took you to the police station and
Why or why not? probed you on your involvement in the brawl. As such, the following rights
are granted to you.
2. What doe independent counsel mean? What about competent Due to the inherently coercive psychological, if not physical, atmosphere of
counsel? custodial investigation, no less than our Constitution guaranteed certain
RIGHT TO INDEPENDENT AND COMPETENT COUNSEL rights to persons under investigation. These rights are enshrined in Article III
- absolute, even if accused himself is a lawyer Section 12 of our Constitution. Its first paragraph states that “any person
under investigation for the commission of an offense shall have the right to
“Independent” - counsel is not hampered with any conflicts of interest be informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person cannot
“Competent” - counsel who is vigilant in protecting the rights of
afford the services of counsel, he must be provided with one. These rights
accused
cannot be waived except in writing and in the presence of counsel.”
The said provision contains a bundle of rights. Not only is the person being
Accused must be apprised of his rights under custodial investigation investigated given the right to remain silent and to have a counsel, but he
also has the right to be informed that he has such right. This means that the
3. Question: When does the Miranda warning apply? police officers must tell the person under investigation of his constitutional
Answer: There’s some misconception about when exactly it applies. And rights, and he must do so in a language known to or understood by the
really I like to think of it as sort of a three-pronged requirement for Miranda to person (Section 2 (b), Republic Act (R.A.)7438). Stressing the importance of
be required. One is that the questioning or the investigation has to be done by this constitutional right of the accused, the Supreme Court held that the right
the police. So we get a lot of cases for example where someone is arrested for to be informed “contemplates the transmission of meaningful information
shoplifting and they’re being questioned by a security guard or a loss rather than just the ceremonial and perfunctory recitation of an abstract
prevention officer or Wal-Mart, and no Miranda rights are explained to them constitutional principle” (People vs. Basay, G.R. 86941, March 3, 1993).
and they come in and they say, “Hey, nobody read me my rights. They Hence, the police officer must take measures to make the person under
questioned me.” It’s really not required in that situation because these are not investigation understand his constitutional rights.
police; they’re not state actors, they’re private parties. So the interrogation has
to be by the police, first of all.
Secondly, the suspect has to be in custody, and what that means is that their
freedom of movement has to be restrained to the extent of traditional arrest.
Usually that means that the handcuffs are put on, the person is put in a squad
car, the person is taken to jail, is taken to a police holding facility, but they’re
essentially placed under arrest. So many times, the police will stop somebody
on the street and question them or pull somebody over for DUI and give field
sobriety tests, and will ask sort of incriminating questions in that context
before the person is arrested, before the handcuffs come on. And usually that
is considered non-custodial, a situation where Miranda rights are not required
at that point—not until there is actually an arrest. So it has to be an
interrogation by the police; the subject has to be under arrest for Miranda to
apply.
And thirdly, the questioning has to amount to interrogation. It has to be sort of
questions that are designed to elicit an incriminating response. So, routine
booking questions or questions about, What is your name? Your date of birth?
Your address? Things like that are often not considered to be interrogative. So
those are really the three requirements: it’s police questioning, the person is in
custody and the questions amount to interrogation. In that situation, if all three
of those factors are present, then the police have to read you your Miranda
rights—usually verbatim, often from a card—but they have to read you your
rights. And if they don’t and they do engage in interrogation, then at that point
your answers to the questions would be inadmissible later in court.
Do you have to be read your rights before being handcuffed?
Miranda rights only need to be read prior to a custodial interrogation.
An arrest, by itself, is not enough to require the reading of