When does your Miranda rights become effective ?.The general rule is that once you are placed into custody you Miranda rights against self incrimination begin.Custody is usually defined as once you have been placed under formal arrest. However , custody is not always a black and white issue.
The Tennessee Supreme Court has listed a non-exclusive set of factors to determine if a suspect is in custody.
- The time and location of the interrogation;
- The duration and character of the questioning;
- The officers tone of voice and demeanor;
- The number of police officers present;
- The manner of transportation to the place of questioning;
- Any limitation of movement or other form of restraint;
- Any interactions between the officer and the suspect:
- The extent to which the suspect is confronted with guilt or evidence of guilt;
- The extent that the defendant is made aware of the fact the defendant is free to refrain from answering questions;
Today , we used a violation of my client's Miranda rights in a suppression motion .Client facing 25-40 years as a Range II offender in a drug free school zone case.Case plea bargained to 5 years probation.Be on the lookout for any Miranda violation. I just hope the U.S. Supreme Court does not erode the bedrock constitutional protections that Miranda provides.