Tuesday, April 10, 2012

Am I under Custody?

We all have seen it on TV, the police detective reading the Miranda rights to a suspect before he proceeds to take his/her confession. Well, let me give you an advise; before you answer to any police interrogation make sure you are under custody. This was the issue presented to the U.S Supreme Court in Bobby v. Dixon. Dixon buried a man alive and stole his identity in order sell the victims car and write checks on his behalf. The police took him into custody and started questioning him after gave him his Miranda rights, Dixon told police he did not know anything about the victims whereabouts. However he was brought for interrogation for forgery charges in the same case, this time police started interrogating Dixon and procrastinated to read the Miranda rights seeking to get a murder confession which they did. During the interrogation the defendant asked for an attorney to be present but police disregarded his request. The issue before the Supreme Court was whether the police violated Dixon’s constitutional rights by failing to read his Miranda rights during the forgery questioning.The Supreme Court ruled that the police did not violated defendant constitutional rights because when he asked for an attorney he was not in custody. The Supreme Court also found Defendant's confession to be valid because it was voluntary. Apparently Miranda rights are only applicable when suspects are under costudy, but police can still question suspects even if they are not in custody. I think this situation gives police a little room to be sneaky and get confessions from suspects without reading the Miranda warnings.

3 comments:

  1. Seriously, one of the main reasons I want to get into law is to let people know their rights. Who knows what kind of injustices people suffer just because they don't know that they don't have to be bullied by officers.

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  2. If it is anything I have learned in the Legal Studies program it is my rights. I guess in the end, I don't mind that his rights were violated because he did do something wrong, terribly wrong.

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