11/23/2021
Happy Thanksgiving week everyone. Stay Safe. With the upcoming holiday, I thought I should give a little up date on Miranda Rules.
Last week, I had four people say the officer never read me my Miranda rights, he just arrested me. Unfortunately, that does not matter usually. Under Miranda v. Arizona, the United States Supreme Court has held that a criminal defendant must be advised of certain rights prior to a custodial interview. 348 U.S. 436, 444, 86 S. Ct. 1602, 1612, 16 L. Ed. 2d 694 (1966). State of South Dakota v. Wright goes into what is required within South Dakota to determine if a person is in custody. 2009 SD 51.
“First what were the circumstances surrounding the interrogation; and second, given those circumstances, would a reasonable person have felt he or she was not at liberty to terminate the interrogation and leave. Once the scene is set and the players lines and actions are reconstructed, the court must apply an objective test to resolve the ultimate inquiry: was there a formal arrest or restraint on freedom of movement of the degree associated with a formal arrest.” Id. ¶ 19.
So, when you are pulled over and the officer asks you for your license and registration you are not in custody and Miranda does not apply. If the officer askes you to come to his vehicle and asks you questions, you are still not under arrest, so he is not violating Miranda. Where it would be important is if you were handcuffed in the back of a cop car or in and interview room and being questioned about the case. That may violate Miranda rules but the cases are all so different that the factors of your case have to be looked at in conjunction with the case law and that is where your attorney comes in.
