What is the state of the law when it comes to the interpretation of the Miranda warning?

MultiRegion, United States of America

The following excerpt is from Doody v. Ryan, 11 Cal. Daily Op. Serv. 5247, 2011 Daily Journal D.A.R. 6323, 649 F.3d 986 (9th Cir. 2011):

The dissent admits that the officer's words could be construed to say you only get a lawyer if you're guilty. Dissent at 1039. This pretty much gives up the ship, as warnings that could be construed in such a manner can't possibly be clear, understandable or appropriate. It is established beyond doubt that an individual held for interrogation must be clearly informed that he has the right to consult with a lawyer, Miranda, 384 U.S. at 471, 86 S.Ct. 1602 (emphasis added), and that warnings must apprise the accused of his right to have an attorney present, Duckworth v. Eagan, 492 U.S. 195, 205, 109 S.Ct. 2875, 106 L.Ed.2d 166 (1989). The whole point of Miranda is to provide assurance that the accused was aware of his rights. 384 U.S. at 472, 86 S.Ct. 1602. There's no such assurance when a warning could be interpreted to say the polar opposite of what Miranda requires.

Other Questions


Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
Does a Miranda warning that does not inform a defendant of his right to consult with appointed counsel constitute a Miranda violation? (MultiRegion, United States of America)
What is the current state of the law on the Miranda warning? (MultiRegion, United States of America)
Is a federal judge required to interpret a state statute before the federal courts interpret it first? (MultiRegion, United States of America)
What is the effect of a de novo interpretation of a district court's interpretation of state law? (MultiRegion, United States of America)
What is the current state of the law on the meaning of Section 16(b) of the US Constitution when it comes to the interpretation of the words "pragmatic" in the context of a transaction? (MultiRegion, United States of America)
What is the meaning of the so-called 'triangulation of interpretation of the interpretation' of the Interpretation of the Rule? (MultiRegion, United States of America)
What is the current state of the law in relation to interpretation of the interpretation by the Federal Trade Commission? (MultiRegion, United States of America)
When a federal agency interprets or interprets a statute, does the interpretation or application of the statute need to be reviewed de novo? (MultiRegion, United States of America)
How have the courts interpreted the Miranda Miranda privilege against self-incrimination? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.