JONATHAN BURGE
Attorney at Law
JONATHAN BURGEAttorney at Law
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Everyone is familiar with Miranda. Movies and TV are always portraying it. However, in the federal system the authorities have a way around Miranda. The US Supreme Court has ruled that Miranda only applies when someone is in custody. Therefore, if the FBI merely invites you to their office, telling you you can leave at any time, they don't have to mirandize you prior to asking incriminating questions, since you are not in custody. Even if there is a Miranda violation, only the statement is suppressed at trial, not any evidence found as a result of the tainted statement. As an example, if the FBI arrests you and gets a murder confession from you, without any Miranda, the confession can't be used against you. However, if during the illegal confession you told them where the body was, the body and any evidence around it can be used against you. This is another big difference with state law, where the body, and all evidence surrounding it would be suppressed, along with the statement. |
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