Miranda Vs Arizona Essay

Great Essays
Miranda vs Arizona
In the years following Miranda v. Arizona, many changes were made to the verdict. The Omnibus Crime and Control and Safe Streets Act of 1968 declared that if a suspect voluntarily confessed to a crime within six hours after his or her arrest, this confession could be used as valid evidence in a trial, even if the suspect had not been informed of his or her Miranda rights. The passage of this act was one of the first major modifications to the initial decision. Additionally, there were many other cases that followed Miranda v. Arizona that altered the Miranda decision. The United States Supreme Court cases that occurred soon after the Miranda decision served to clarify certain aspects of the decision. However, after 1969,
…show more content…
United States in 1928. In this case, a group of individuals were convicted in U.S. district court of illegally possessing, transporting, and importing intoxicating liquors during Prohibition. Government evidence leading to these convictions was obtained by wiretapping the plaintiffs' telephones. The plaintiffs argued that the evidence was obtained in violation of the Fourth Amendment prohibition of unreasonable search and seizure, and appealed their case to the U.S. Supreme Court where their convictions were upheld. At the time, Chief Justice William Howard Taft delivered the Court's opinion, stating that the language of the Fourth Amendment " . . . can not be extended and expanded to include telephone wires reaching the whole world from the defendant's house or office. The intervening wires are not of his house or office, any more than are the highways along which they are stretched . . . " He clarified his position by adding that a defendant's Fourth Amendment rights will not be violated " . . . unless there has been an official search and seizure of his person or such a seizure of his papers or his tangible material effects or an actual physical invasion of his house `or curtilage' for the purpose of making a seizure." In Katz's case, law enforcement agents had scrupulously adhered to existing standards for applying wiretaps, but did not seek judicial approval (a warrant) for conducting a search and did not report the results of their search to a

Related Documents

  • Improved Essays

    The third warrantless search the police did was in Weeks room and they found more evidence. After the three warrantless Weeks decided to file a suit to not use the evidence they illegally…

    • 937 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Imagine being arrested based on zero evidence to accuse you of a crime and at the very same time being forced to answer intimidating questions that could be used against you. Miranda v. Arizona is an iconic court case that created a large impact on racial discrimination and even how arrests would be made. It started in 1963 when Ernesto Miranda was arrested in Phoenix, Arizona. He was in custody for rape, kidnapping, and robbery. Ernesto Miranda appealed with the Arizona Supreme Court claiming that the police had unconstitutionally received his confessions.…

    • 484 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    2012 Dbq Analysis

    • 872 Words
    • 4 Pages

    In contrast, the government made more considerable efforts to reshape American democratic ideals. During this time, the government had the ability to enact changes as reactions to the objectives of other groups seeking to redefine these ideas, however, it often recognized the lack of social and economic equality for all groups and approached reform during this era broadly so that many minority groups became democratically equal to the majority. For example, many politicians recognized the need for new policies and thus directed their political agenda to conceiving and instituting such legislation. According to Robert F. Kennedy in his speech announcing his candidacy for the Democratic nomination for President, he recognized that the United…

    • 872 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    In view of the modification of the exclusionary rule, the Court of Appeals' judgment cannot stand in this case. Only respondent Leon contended that no reasonably well trained police officer could have believed that there existed probable cause to search his house. However, the record establishes that the police officer’s reliance on the state-court judge's determination of…

    • 327 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Arizona (1966). This decision, generally speaking, defined the rights of the accused after an appeal was made on behalf of Ernesto Miranda. It said, among other things, that each person accused of a crime has the right to remain silent and the right to an attorney (Document 7). The tradition of these Miranda rights has become common knowledge in American society, despite the fact that some people believe that they are generally too lenient and often hamper the justice system’s ability to convict guilty criminals of their crimes (Documents 5a & 5b). The Supreme Court has failed to see adequate need for reversal of this decision, despite the dramatic odds that lie in favour of the accused as a result of the decision, and the fact that the victim is often left without help when the offender is not convicted.…

    • 832 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    This paper argues that the Fourth Amendment effects law enforcement. In criminal cases, it is important that there is substantial evidence to reach a verdict. For the prosecution to obtain such evidence, they must perform a search and seizure. The Fourth Amendment protects citizens from unreasonable and unlawful search and seizures. It states that people have the right to secure their person and property from search and seizure without a warrant.…

    • 931 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The Miranda warning that arose from the U.S. Supreme Court's Miranda v. Arizona decision assures that officers assure that those arrested are aware of their rights that protect against self-incrimination prior to any questioning. The ruling in Miranda does fulfill the legal tradition of the promise against self-incrimination and protects against the pressures of authority. The Miranda rights fulfills the legal tradition of the promise against self-incrimination because they protect against wrongful punishment and torture employed by authorities. Authorities can abuse their power in order to gain info or prove their suspicions correct.…

    • 799 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Katz Vs Katz

    • 415 Words
    • 2 Pages

    In Katz v. United States, Charles Katz was involved in a gambling operation because he was a bookie. In this gambling operation he would frequently visit the same pay phone and speak to different people in Miami and across interstate lines because he was in Las Angles. The FBI decided to bug the phone booth from the exterior. They had not received a warrant to breach Mr. Katz’s fourth amendment right.…

    • 415 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Stop And Frisk Case Study

    • 887 Words
    • 4 Pages

    The Supreme Court has ruled that any items other than weapons seized are violation of the person’s fourth amendment rights. Finally, the law enforcement authorities can perform search and seizure activities from a suspicious person only if they think that person is carrying illegal weapons for some criminal intentions. Q4. Describe a case where evidence was not accepted in the court due to violation of Fourth Amendment. Due to the suspicious activities or any kind of criminal intensions of a person leads the law enforcement officials to inquire them and find out the facts about their intensions.…

    • 887 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    The investigators found a written confession admitting the offense. However, the police officers who arrested Miranda did not advise him to have an attorney during the interrogation. Even though the court charged Miranda for the crimes, the appeal in the Supreme Court of Arizona found no violation of his constitutional rights since he failed to request counsel. The amendment in check was the Fifth Amendment. D. 419 U.S. 565 Goss v. Lopez Argued: October 16, 1974 Decided: January 22,…

    • 711 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    On 10/20/2016, in Durango 4 D Pod cell 56 at approximately 2145 hours, I noticed Inmate Schlicht, Nathan R T302915 had a bruise on his left eye with a bandage covering it up. I stopped and asked him what had happened to his eye and he stated “I hit it on my bunk. " At approximately 2146 I had locked D-Pod down and had Inmate Schlicht step out so he could be taken to medical to receive medical attention for his injury.…

    • 564 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    I'm confused, but in this case, I consider that the police seemed to violate the Fourth Amendment, which enforces to guard the citizen's privacy rights and restricts the police against unreasonable searches and seizures. As a result, the drugs seized at Jim's house should not be used as evidence to convict him. It is the duty of the police department to update their databases often to avoid such situations. In addition, they must ensure all searches and arrests are legal.…

    • 80 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    The exclusionary rule has been weakened recently, as cars, plain sight, those already arrested, and those on probation are not affected by the exclusionary rule. Therefore, the police do not need to obtain warrants for searches and seizures in those cases as they are deemed reasonable. Inevitable discovery and good faith exceptions are further barriers for the exclusionary rule, as they allow for illegal evidence in those circumstances to be used in a trial. Miranda rights have not been enforced as strongly by the Burger Court as they had with the Warren Court, although they are still an important part of police procedures and required for investigation. The court has been divided on issues concerning double investigations, unsure if Miranda Rights still apply in those situations.…

    • 728 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    It is common for a search to be defined as any action by government officials, which involves seeking for indication of a violation of law. Nonetheless, according to the Court’s cases, a search ensues when there is a physical invasion into one of the “constitutionally protected areas” which can be associated with the Fourth Amendment: persons, papers and effects (Whitebread and Slobogin, 120). Silverman vs United States (1961) exemplify how searches have conditions. Evidence officers gathered by…

    • 490 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    Arizona in 1966. In 1963, Ernesto Miranda was arrested for various serious crimes. He was not informed of his rights before the police interrogation in which he supposedly gave a recorded confession to the crimes. He also did not have a counsel present. Miranda was found guilty of his crimes solely on the basis of his confession.…

    • 1238 Words
    • 5 Pages
    Superior Essays