Legal Definitions - Mirandize

To Mirandize someone means for law enforcement officers to inform an individual of their constitutional rights before questioning them while they are in police custody. These rights, often referred to as 'Miranda rights,' stem from the landmark 1966 U.S. Supreme Court case, Miranda v. Arizona.

The core purpose of Mirandizing is to ensure that individuals understand:

• Their right to remain silent.
• That anything they say can be used against them in court.
• Their right to have an attorney present during questioning.
• Their right to have an attorney appointed if they cannot afford one.

This warning must be given before any custodial interrogation, meaning when a person is deprived of their freedom in a significant way and is being questioned by police about a crime.

Examples of Mirandizing:

• Example 1: Formal Arrest and Station House Questioning
  A detective arrests a suspect, Mark, for burglary and takes him to the police station for questioning. Before the detective begins asking Mark about his involvement in the crime, she sits him down, looks him in the eye, and clearly states, "You have the right to remain silent. Anything you say can and 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 provided for you."

  This illustrates Mirandizing because the detective is informing Mark of his rights before a custodial interrogation, ensuring he understands his legal protections before any questioning about the crime takes place.

• Example 2: Detained at a Crime Scene
  Police respond to a report of a domestic disturbance. Upon arrival, they find one individual, Lisa, visibly upset and holding a broken lamp. Based on witness statements, they place Lisa in handcuffs and put her in the back of a patrol car. Before asking her what happened or if she broke the lamp, the officer reads her the Miranda warning.

  Here, Lisa is not yet formally arrested and booked, but she is in police custody (handcuffed in a patrol car) and about to be interrogated. The officer must Mirandize her to ensure any statements she makes are admissible and that her rights are protected during this custodial questioning.

• Example 3: Failure to Mirandize During Custodial Interrogation
  An officer pulls over a driver, David, for reckless driving. After observing signs of intoxication, the officer places David under arrest for DUI. While David is handcuffed in the back of the patrol car, the officer asks him, "How many drinks did you have tonight?" without first reading him his Miranda rights.

  In this scenario, the officer failed to Mirandize David before asking a question designed to elicit an incriminating response while David was in custody. Because David was not Mirandized, any answer he gives to that question could potentially be excluded from evidence in court, as it was obtained in violation of his Miranda rights.