Newport Beach Miranda Rights Attorney

April 22, 2015

Contrary to Popular belief, police officers are not always required to admonish a suspect of their Miranda rights (see Miranda v. Arizona). Instead, Miranda warning are required if two conditions are met: 1) a suspect is in custody; and 2) subject to interrogation. Miranda issues are extremely fact specific requiring an analysis of the totality of the circumstances – e.g., How many police officers were present? Were you in handcuffs at the time you made statements? What was the basis for your detention in the first place? Did the police officer have their gun drawn? Were you presented with a Miranda advisement form in which you signed and agreed to waive? All factors are relevant in determining whether a suspect knowingly and voluntarily gave statements to law enforcement.

The element of custody is formally defined as a position where a reasonable person would not feel free to leave under the circumstances. And the element of interrogation is formally defined as words or conduct that is reasonably likely to elicit an incriminating response. Both elements have undergone substantial interpretation by the California appellate courts. For instance, a simple traffic stop does not rise to the level of “custody” (although any person does not feel free to leave) for the purposes of Miranda because it constitutes a limited less intrusive detention. But a suspect need not be formally arrested for Miranda to trigger, as indicated above, the test is determine on a case by case basis depending on the totality of the circumstances.

Furthermore, in the event there is police officer misconduct – i.e., a police officer points a gun at you and demands you answer questions, all statements a result will be inadmissible as due process demands the admissibility voluntary statements, not statements garnered as a result of duress or police coercion.

Assuming a suspect is required to be admonished of their Miranda warnings, often times, police officers completely disregard this requirement because a suspect then is motivated to not give any statements. Most criminal cases are built upon a suspects incriminating statement which is why a police officer will testify under oath that they specifically admonished a defendant of their Miranda rights when that is absolutely false. Consequently, a defendant is then victimized by fabricated evidence having no video or audio evidence to corroborate the police officers testimony and simply rely on their word.

If a suspect is encountered by police officers, it’s best to be polite, cooperative, and request the presence of an attorney prior to giving any statements. Do not sign any document and stand tall by not submitting to their unlawful claims of authority.

Miranda Warning Admonishment

  • You have the right to remain silent
  • Anything you say can or will be used against you in a court of law
  • You have the right to an attorney
  • If you cannot afford an attorney one will be appointed to you free from the court


Dan was detained by police officers after entering his home with a search warrant. The police officers discover 1 kilo of cocaine and three digital scales in the front room. Because Dan lives with two other individuals, the police officers were unable to link the drugs and scales to Dan. A police officers sits down and asks Dan whether drugs were his and if so, he might be able to let the judge know to go easy on him. On that basis, Dan said the drugs were his. In this case, Dan’s defense attorney would move to suppress his statements because there was no Miranda admonishment given to Dan prior to him making that statement to police officers. Therefore, his statements will be deemed inadmissible.

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If you or a loved one has been accused, arrested, or charged with a crime, contact an experienced Newport Beach Criminal Defense Attorney at the Law Offices of John D. Rogers. Call (949) 625-4487 now to schedule a free confidential consultation concerning your rights and defenses.

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