Miranda Warnings - The who, what, when, where and why

blogs, news -

Miranda Warnings - The who, what, when, where and why

By Brian Humenuk, COPJOT Police Notebooks and Pens -  July 20, 2022

In this Blog Post I talk about Miranda Warnings and the history of where they came from. According to ( prior to 1963 intimidating or coercive methods of police interrogation were commonly referred to as undergoing the ‘third degree’ which was a tactic to gain a suspect to confess to a crime or incriminate others. Back then it had to be a suspects own understanding and knowledge that he or she had a right to have an attorney present while being questioned or interrogated. Today, as protection against any possibility of police intimidation, we have the Miranda Warning.

The Miranda case from 1963 is now nearing 60 years old. Whether or not the history and the case itself is taught in current day police academies I do not know the answer to that. I do know however, it can be very important for a police officer to understand how Miranda Warnings became law, why they are given and when they should be given.

First let’s talk about the landmark case out of Arizona that set it all into motion. Here’s the history of the case.

The Crime

The crime in question occurred in March 1963 when an 18-year-old girl was forcibly grabbed by a man as she was walking home from her bus stop after working late at a movie house in Phoenix, Arizona. The attacker dragged her into his car, tied her hands behind her back and forced her to lie down in the back seat.

After driving for 20 minutes, the man stopped outside of the city and raped her. He demanded she give him her money and told her to lie down again in the back seat.

He then drove her back into the city, dropping her off blocks from her house.

Police Catch a Lead

Days after reporting the incident to the Phoenix Police, the 18-year-old and her cousin noticed a car driving slowly near the same bus stop and reported the suspicious car’s partial license plate to police. Police tracked the sedan to 29-year-old Twila Hoffman who was living in nearby Mesa, Arizona.

Hoffman had a live-in boyfriend by the name of Ernesto Miranda. When police showed up at the girlfriend’s door, Miranda spoke to them and agreed to go to the station and appear in a line-up. Ernesto Miranda, was a 24-year-old high school drop-out with a police record when he was accused in 1963 of kidnapping, raping and robbing an 18-year-old woman.

The victim was unable to make an immediate identification from the four-man line-up at the police station but Miranda was led to believe otherwise. When Miranda asked afterwards, “How did I do?,” he was told by Captain Carroll Cooley, “Not too good, Ernie.”

The Confession

Miranda was then questioned for two hours without a lawyer. At one point, the detectives brought the victim into the room. One of them asked Miranda if this was the person he had raped. Miranda looked at her and said, “That’s the girl.”

Miranda eventually offered details of the crimes that closely matched the victim’s account. He agreed to formalize his confession in a written statement, which he wrote out under the words, “this confession was made with full knowledge of my legal rights, understanding any statement I make may be used against me.”

His confession was used as sole evidence when he was tried and convicted for the crimes by an Arizona court. Miranda’s lawyer, Alvin Moore, appealed to the Arizona Supreme Court six months later, posing the questions:

“Was [Miranda’s] statement made voluntarily?” and “Was [he] afforded all the safeguards to his rights provided by the Constitution of the United States and the law and rules of the courts?”

The Arizona Supreme Court ruled in April 1965 that Miranda’s confession was legitimate and that he had been aware of his rights.

ACLU Gets Involved

Miranda’s case, however, caught the eye of an attorney with the Phoenix chapter of the American Civil Liberties Union, Robert Corcoran. Mr. Corcoran reached out to prominent Arizona trial lawyer John J. Flynn, who took over the case and recruited his colleague and expert in constitutional law, John P. Frank, to assist in an appeal to the United States Supreme Court.

In his brief on behalf of Miranda, Frank wrote, “The day is here to recognize the full meaning of the Sixth Amendment.”

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a lawyer. Also at play was the Fifth Amendment, which protects defendants from being compelled to become witnesses against themselves.

Even though Miranda had written his confession under a statement saying that he was fully aware of his legal rights, his lawyers argued those rights had not been made explicitly clear to him. Under the duress of detainment, they argued, his confession should not be deemed admissible.


The Landmark Decision

The Supreme Court, under Chief Justice Earl Warren, agreed. In a 5-4 ruling, the Supreme Court reversed the Arizona Supreme Court decision and declared that Miranda’s confession could not be used as evidence in a criminal trial.

Warren’s 60-plus-page written opinion, released on June 13, 1966, further outlined police procedure to ensure that defendants are clearly informed their rights as they are being detained and interrogated.

Miranda Waring

Those police procedures were encapsulated in the Miranda Warning, which police departments nationwide soon began distributing on index cards to their officers so that they would recite them to suspects. In many instances CUSTODY and INTERROGATION will trigger Miranda Warnings to be read to the suspect.

The Miranda Warning protects an individual’s rights by explaining their options clearly and upholds police authority when they properly read the Miranda Warning and get a clear, intelligent answer that the suspect understands his or her rights as they have been explained. The Miranda Warning is a legal necessity throughout the United States, and varies only slightly in its wording in different states.

Retrial, Conviction and Murder

Miranda’s case was remanded in 1967 for re-trial, with the confession excluded from evidence. While his Supreme Court case changed the course of U.S. criminal procedure, Miranda’s own fate would not be so altered.

In his retrial, his ex-girlfriend, Twila Hoffman, offered testimony against him, revealing that he had told her about his crimes while he was in prison. In October 1967, Miranda was convicted and sentenced to 20-30 years in prison.

Miranda was paroled by December 1975, but just over a month later, on January 31, 1976, he was stabbed to death in a Phoenix bar fight.

Officers would detain two acquaintances who were with Miranda that night for questioning. Before asking each about the evening, officers recited the Miranda warning (in Spanish). Both men were released after questioning.

Later, witness accounts would narrow the investigation to one of the men. But by that time, the main suspect had fled and was never apprehended. No charges were ever filed for Miranda’s murder.

If you have never been the arresting officer when a defendants confession is the subject of a motion to suppress, well, that is when you go to court and testify that although you have all makings of a great arrest the defendant's case will be dismissed due to his or her confession being thrown out for lack of Miranda and or an intelligent response to it by the defendant.

When you purchase one of COPJOT’s All Weather Police Notepads it comes standard with Miranda Warnings on the backside of the front cover. This is placed in a convenient location so that while writing your notes you can very easily read a suspect his or her Miranda Rights. If the case goes to court and the confession comes up in question or in a motion to suppress you can easily testify that you read all suspects their Miranda Rights from the same place which is your All Weather Police Notepad that you purchased from