Glenn R. Roderman Criminal Law Blog on Lawyers.com

Almost everybody is familiar with the scene when police officers detain suspected criminals and begin reciting their Miranda rights:

“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 present during questioning…”
The legal basis of your rights

While the reciting of Miranda rights is often employed for dramatic effect in movies and television series, the reason for its use is rooted in the landmark Supreme Court case, Miranda vs. Arizona (1966). In this case, defendant Ernesto Miranda’s confession while in police custody was used as evidence to convict him of rape and kidnapping.

Ultimately, the Supreme Court ruled that self-incriminating statements and confessions offered while in police custody are not permissible in court unless the suspect has been explicitly informed of his Fifth and Sixth Amendment rights.

• The Fifth Amendment states that “No person…shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.”
• The Sixth Amendment states that the “accused shall enjoy the right…to have the Assistance of Counsel for his defense.”

Applying your rights

Knowing Fort Lauderdale criminal law rights is important, but knowing when those rights apply is crucial. There are two types of police encounters during which you may find your freedom to leave curtailed andwhen you are being temporarily detained and when you are being arrested.

• Temporary detainment: when there is reasonable suspicion that a person has engaged in criminal activity; in these situations, police are permitted to conduct a limited search – or ‘frisk’ - of the subject. Temporary detainment, also known as a ‘Terry stop’, does not require that police read your rights because you are not technically in police custody.
• Arrest: when there is probable cause to believe that a suspect has committed a crime; when making an arrest, police are permitted to conduct a limited search, including of a vehicle if the arrest occurs in a vehicle. For searches of a specific place, such as your home, a search warrant is required.

If you are being detained or arrested, you may be required to offer your identity (depending on the state and jurisdiction), but are not required to answer specific questions.

Article provide by crim inal law attorney in Fort Lauderdale:

Glenn R. Roderman
200 SE 6th Street Suite 201
Fort Lauderdale, FL 33301