Last week the Supreme Court took on the issue of when it’s appropriate to read someone their rights if they are already incarcerated. They determined that little more than an announcement that “you are free to end this questioning” is needed to circumvent the required Miranda warning.
We all know Miranda Rights as those rights that are read to someone when they are arrested. They tell the person that they have a right to remain silent, as well as the right to have an attorney present at questioning. It’s a basic rule of thumb that if a person is not free to leave the questioning they are in custody and should be informed of their rights.
The case before the high court this past week involved someone already in jail, serving time for another crime. The inmate was taken from the cell and moved to a conference room. There he was questioned for several hours while in the presence of armed deputies who used “a sharp tone and profanity.”
He was not read his rights, though he was told he could return to his cell.
The Supreme Court ruled that his rights were not violated because he knew that he was free to leave at any time during the questioning. Justice Samuel Alito wrote for the majority in this 6-3 decision and said that though the presence of armed deputies and the length of the 5-7 hour interrogation suggested the inmate was “in custody”, the deputy’s announcement that he was free to leave spoke to the contrary.
Writing for the dissent, Justice Ruth Bader Ginsberg wrote, “Today, for people already in prison, the court finds it adequate for the police to say: ‘You are free to terminate this interrogation and return to your cell.’ Such a statement is no substitute for one ensuring that an individual is aware of his rights.”
The Supreme Court has heard countless cases over the years in regards to the due process of people being interrogated, specifically addressing the matter of Miranda Rights and when they are required. The rights themselves are named after a Supreme Court case, Miranda v. Arizona.
The bottom line is that suspects have rights, even before they are arrested and certainly during the interrogation process. If you are accused of a crime and the police violate these rights, their entire case can fall apart.
If you are facing charges or have an active warrant, get help from a defense attorney who can help you understand your rights and what can be done to help you avoid the most serious consequences of your current situation.
About David Matson