The common belief that police officers are always required to administer a Miranda Advisement when performing a lawful arrest is probably one of the greatest myths perceived by the general public, especially for those who have been involved in any unfavorable contact with law enforcement. Any of us who have watched cop shows or movies on a regular basis can likely cite those rights as well as any trained officer on the street. But just in case you haven’t actually heard those rights stated verbatim, here they are.
1. You have the right to remain silent.
2. Anything you say can and will be used against you.
3. You have the right to talk to a lawyer and have him present with you while you are being questioned.
4. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish.
Now here are a couple of phrases that you may not have heard during your Hollywood legal education classes.
Do you understand each of the rights I have explained to you?
Having these rights in mind, do you wish to talk to me now?
Both of these questions must be answered in the affirmative as a secured waiver of rights.