Supreme Court to reconsider Miranda warnings

Sac Bee ^ | 4/21/03 | Anne Gearan - AP

[NormsRevenge]

WASHINGTON (AP) - The Supreme Court said Monday it will reconsider the scope of the familiar police warnings that begin, "You have the right to remain silent."

The court will look at whether physical evidence seized without such warnings can be used at trial.

[NormsRevenge]

Posted here earlier as

Supreme Court to Revisit Miranda Ruling from Fox News

[kylaka]

If the police give a miranda warning in english to someone who only speaks french, did they give a miranda warning?

[jae471]

If the police give a miranda warning in english to someone who only speaks french, did they give a miranda warning?

They'd have to find a translator before meaning questioning could begin, and that translator better start "Vous avez le droit rester silencieux..."

[zechariah]

If the police give a miranda warning in english to someone who only speaks french, did they give a miranda warning?

No, they did not.

Of course, if the suspect only speaks french and none of the police do, then the suspect can say all he wants and no one will understand--and nothing he says will make it into court.

But once an interpreter is on the scene, the suspect needs to be advised of his Miranda rights first--in a language he can understand.

[z]

[Doctor Stochastic]

"In other cases, warnings may be omitted in a fast-moving investigation," Olson wrote.

So warnings only apply if the police are not alert enough to avoid having to give them?

[Puddleglum]

No no no! John Kerry and the Senate Democrats have already told us that the Supreme Court shouldn't revisit "settled law" (as in Roe v Wade). It's just not done. Too bad they have a chance to ask these current justices how they'd rule on Miranda before they confirmed their appointments them to the bench. (sarcasm off)

[zechariah]

So warnings only apply if the police are not alert enough to avoid having to give them?

You've got me. I have no idea what he is talking about. And I have the feeling that were I to find out, I wouldn't like it.

[z]

[kylaka]

So then, at least in theory, every police department must be able to deliver a miranda warning in every language spoken on the planet?

[Atlas Sneezed]

We need a "Miranda" warning to protect the 4th amendment, so that all "consensual" searches are preceeded by the information that consent is voluntary, and that the person may refuse without legal consequences.

[zechariah]

So then, at least in theory, every police department must be able to deliver a miranda warning in every language spoken on the planet?

Well, think about it for a second. If the police want to question the suspect, they have to speak the suspect's language, don't they? If they don't speak the subject's language they have to find a translator--which isn't as hard as it sounds; it is something the police do all the time. Once they have a translator, the police must inform the suspect of his/her Miranda rights through the translator.

[z]

[kylaka]

So then, they must trust the translator to accurately "marandize" the suspect, and accurately translate the suspects answers to questions. It seems to me the process could be easily corrupted to the point that it would be impossible to get a conviction.

[zechariah]

So then, they must trust the translator to accurately "marandize" the suspect, and accurately translate the suspects answers to questions. It seems to me the process could be easily corrupted to the point that it would be impossible to get a conviction.

I think we may be talking past each other here. Lets back up a bit.

First of all, lets go over the Miranda rights. (I'm not sure if there is a "cannonical" version. A search of the internet turned up several different versions. But they all say basically the same thing.)

• You have the right to remain silent.
• Anything you say can and will be used against you in a court of law.
• If you are under the age of 18, anything you say can be used against you in a juvenile court prosecution for a juvenile offense and can also be used against you in an adult court criminal prosecution if the juvenile court decides that you are to be tried as an adult.
• You have the right to talk to an attorney before answering any questions.
• You have the right to have your attorney present during the questioning.
• If you cannot afford an attorney, one will be appointed for you without cost, before or during questioning, if you desire.
• Do you understand these rights?

Miranda rights are meant to do two things. First of all, to let you know that you do not have to talk with the police or answer their questions. Secondly, because the police must get your consent to conduct a search without a warrant, Miranda rights indirectly tell you that you do not have to consent to any search (because you can remain silent instead of consenting.)

What this means, is that police must first read you your Miranda rights if they want to question you or get your consent to a search and be able to use any evidence acquired by questioning you or performing a search in a court of law.

If the police have enough evidence and don't need to question you or get your consent for a search, then I don't believe that they need to read you the Miranda rights. I might be wrong on this technicality--the police might be required to inform the suspect of his Miranda rights regardless, but if the police have other evidence then I think Miranda rights won't stand in the way of a conviction. So if a suspect doesn't speak english and the police have enough evidence that they don't need to question the suspect, then whether or not the suspect was informed of their Miranda rights is irrelevant.

But the police almost always want to question suspects. So they hire translators. Yes, as you point out, there are issues. I'm not sure how they handle the situation, but I'm sure that they do handle it. For instance, if the suspect's lawyer were present and the questioning was recorded then both the police and the defendant's lawyer could submit independant translations to the court.

[z]

[Darksheare]

A good portion of the English speakers arrested here in New York don't understand the Miranda warnings anyway.
Makes me sometimes wonder why some of the cops even bother anymore.
"Sir, do you understand these rights that I have read to you?"
Answer, "Uhhh.. What was that agin?"

[kylaka]

Thanks. You did make it easier to understand how the process works. I tend to always look at things in the extreme.