Miranda v. Arizona

Case: U.S. v. Orozco-Santillan Citation: 903 F.2d 1262 (9th Cir. 1990) Procedural History: The United States District Court for Central District of California indicted Alfredo Orozco-Santillan on three counts of threatening to assault a federal law enforcement officer. Evidence regarding threatening telephone call received by immigration officer was sufficient to establish defendant's identity as caller, as required to support conviction for threatening federal law enforcement officer; officer…

Case Name: State v. Thompson Citation: 288 Ga. 165, 166–167, 702 S.E.2d 198 Year decided: 2010 Facts: On the night of September 12, 2006, several DeKalb County officers were dispatched to an apartment complex in Stone Mountain, GA on a possible stolen vehicle report. Upon arrival, contact was made with the complainant Earl McCord along with several other residents of the complex. After interviewing all parties present, it was concluded that the vehicle had not been stolen but had in fact had…

This paper will focus on the basics and justs of three major topics. These topics being The Civil rights Act of 1964, Affirmative Action and The fourteenth Amendment and its effects on the diversifying police departments. Before The Civil Rights Act of 1964, equality wasn’t really a priority. Although we did have some barriers broke like Jackie Robinson and Rosa Parks. According to Stewart (2009) The law revolutionized a country where blacks and whites could not eat together in public…

cause to set up if a crime is, has, or is about to occur and an arrest can be made. Then the Fifth Amendment comes into play, with the questioning of a person who has been arrested and the rights to the arrested person, specifically the reading of Miranda Rights. In 1966, Ernesto Miranda’s civil rights from the Fifth and Sixth were found to have been violated during the investigation and following interrogation. The Supreme Court determined that anyone who is in custody and being questioned…

WHAT YOU SHOULD AND SHOULD NOT DO IF YOU HAVE BEEN ARRESTED Simple do’s and don’ts to protect your rights if you have been arrested. When you have been arrested, there are things you should do and things that you shouldn’t. For example, you should keep quiet and hire an attorney who can advise you of your rights and help you navigate the criminal legal system. You should not talk to anyone about the incident except for your attorney. What you do or don't do when you have been arrested can have…

Arizona. For this case, Miranda was charged with multiple counts of murder and kidnapping. However, he was released due to the poor treatment from the police officers. He was not informed of his rights. Miranda was not aware he should be given a lawyer if could not afford one and the right to not self-incriminate. Today, that is now a rule that officers…

Don’t make the situation worse by adding on a Resisting Arrest charge or felony Assault 2nd for trying to hit the cop. Just go gently and keep your mouth shut (see #1). At this point, nearly everything you say or do is being recorded. Be aware that your pretty face will be on a TV screen should your case go to trial. Simply advise whatever officer that is speaking to you that you want a lawyer immediately. Many will give you the chance to call your lawyer after you’ve gotten the silver bracelets…

The question here is whether Bodie is under arrest or it is a non-custodial interrogation. Interrogation is a term that refers to the police questioning you in the context of a criminal investigation. So a custodial interrogation would be what occurs after the person has been arrested on the suspicion of a crime. On the other hand, an interrogation may occur because a person is being suspected of participating in or in some way involved in a crime, but the police need more information in order…

is a general and reasonable belief that a crime is in progress or has occurred, where probable cause is a reasonable belief that a particular person has committed a specific crime pg. 211 6. Bivens Action is a civil suit based on the case of Bivens v Six Unknown Federal Agents, brought against federal government officials for denying the constitutional rights of others. A type of liability action, directed specifically against federal officials pg. 271 7. Civil liability is the potential…

In the court case Garrity Vs New Jersey the officer on trial was made to incriminate himself by being forced to testify. This officer was later convicted on his testimony. The supreme court hailed that the officers answers could not be used against him in his criminal trial because the fifth amendment forbid a coerced confession. Today the Garrity rule states if an officer is compelled to provide self incriminating statements information or statements such statements can not be used in a…