What are Miranda Rights?

What are Miranda Rights?

What are Miranda Rights?

Miranda Rights, also known as the Miranda warning, are the rights given to people in the United States upon arrest.

“You have the right to remain silent. Anything you say can and will be used against you in a court of law…” These rights stem from a 1966 Supreme Court case: Miranda v. Arizona 1.

Here’s the backstory: In 1963, Ernesto Miranda, a 24-year-old with a police record, was accused of kidnapping, raping, and robbing an 18-year-old woman in Phoenix, Arizona. During a two-hour interrogation, Miranda confessed to the crimes. However, his lawyers argued that he hadn’t been clearly informed of his rights to have a lawyer and against self-incrimination.

The court agreed, and the Miranda Rights were born. Now, when law enforcement detains suspects, they must recite these rights to ensure awareness of the right to an attorney and the right against self-incrimination. It forever changed U.S. criminal procedure, emphasizing fairness and protecting individuals’ rights.

At what point do the police have to read me my miranda rights?

Police must read you your Miranda rights as soon as they plan to interrogate you while you are in custody. Being in custody means that you are not free to leave at any point that you wish.

If you are free to leave or not in custody, police do not need to read you your rights before asking you questions. Remember, these rights protect your right to remain silent and have an attorney present during questioning.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

One notable case involving Miranda Rights is Missouri v. Seibert. Here’s what happened:

Background: Respondent Seibert was arrested after her son, afflicted with cerebral palsy, died in a fire. She was present when her sons and friends discussed burning their mobile home to conceal the circumstances of her son’s death.

An unrelated mentally ill 18-year-old named Donald was left to die in the fire. The police arrested Seibert but did not read her Miranda rights initially.

The Interrogation: At the police station, Officer Hanrahan questioned Seibert for 30 to 40 minutes without providing Miranda warnings. He obtained a confession related to the plan for Donald to die in the fire. After a 20-minute break, Hanrahan returned, gave her the Miranda warnings, and obtained a signed waiver. He then resumed questioning, confronting Seibert with her pre-warning statements.

Legal Outcome: Seibert moved to suppress both her pre-warning and post-warning statements. The District Court admitted the post-warning statement but suppressed the pre-warning one. Seibert was convicted of second-degree murder. The Missouri Court of Appeals affirmed the decision.

Supreme Court Ruling: The U.S. Supreme Court affirmed the decision. Justice Souter concluded that Seibert’s post-warning statements were inadmissible because the midstream recitation of warnings after interrogation and an unwarned confession couldn’t comply with Miranda’s constitutional warning requirement.

What the Miranda Rule means in one long sentence: This rule states before you are interrogated or you’re questioned by police, they have to read you your miranda rights only if you are not free to leave.

At Komorn Law, we specialize in navigating the complex landscape of constitutional law. This recent Supreme Court decisions illustrates the nuanced legal analyses and strategic thinking that we bring to our practice, ensuring that our clients receive informed and effective representation.

Our commitment to understanding and influencing the trajectory of legal standards helps us advocate for a balanced approach to individual rights and public safety.

And now for something completely different….

Michigan Law: False Report of Crime

According to MCL Section 750.411a, intentionally making a false report of a crime to law enforcement or emergency services is a crime. Depending on the severity, it can range from a misdemeanor to a felony.

For instance:
False report of a misdemeanor: Up to 93 days in jail or a $500 fine.
False report of a felony: Up to 4 years in prison or a $2,000 fine.
If the false report results in injury or death, the penalties escalate

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What is the Exclusionary Rule?

What is the Exclusionary Rule?

What is the Exclusionary Rule?

The Exclusionary Rule is a legal principle in the United States that prevents the government from using most evidence gathered in violation of the United States Constitution. Specifically, it applies to evidence obtained through an unreasonable search or seizure, which violates the Fourth Amendment. Here’s a concise breakdown:

What It Does: The Exclusionary Rule ensures that evidence obtained unlawfully cannot be used against a defendant in a criminal trial. If the police or other law enforcement agents violate a person’s constitutional rights during a search or seizure, any evidence they collect as a result is considered tainted and inadmissible in court.

Origins: The rule was established by the Supreme Court in the case of Mapp v. Ohio. This decision clarified that evidence obtained through an unreasonable search or seizure (i.e., without a valid warrant or probable cause) cannot be used against the accused.
Exceptions: While the Exclusionary Rule is a powerful safeguard, there are exceptions:
Good Faith Exception: Evidence may not be excluded if officers reasonably relied on an invalid search warrant or binding appellate precedent.

Independent Source Doctrine: If evidence initially obtained unlawfully is later obtained through a valid search or seizure, it may become admissible.

The Exclusionary Rule aims to protect individuals’ constitutional rights and maintain the integrity of the justice system. It discourages law enforcement from obtaining evidence illegally. 

What are some real-life examples of the Exclusionary Rule?
How does this rule impact criminal investigations?
Are there any controversies surrounding the Exclusionary Rule?

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

The Exclusionary Rule significantly impacts criminal investigations in the following ways:

Deterrence: Law enforcement officers are deterred from conducting unlawful searches or seizures because they know that any evidence obtained illegally will be excluded from court proceedings. This encourages adherence to constitutional rights and proper procedures.

Evidence Suppression: If evidence is collected in violation of the Fourth Amendment (e.g., without a valid warrant or probable cause), it cannot be used against the accused. This can weaken the prosecution’s case and may lead to acquittals or reduced charges.

Police Practices: The Exclusionary Rule influences police practices by emphasizing the importance of respecting citizens’ rights. Officers receive training on lawful search and seizure methods to avoid violating constitutional protections.

Case Outcomes: When evidence is excluded due to the rule, cases may collapse or result in plea bargains. It affects trial dynamics and can impact the overall outcome of criminal proceedings.

What happens if evidence is accidentally obtained unlawfully?

If evidence is “accidentally” obtained unlawfully, it still falls under the Exclusionary Rule. The rule doesn’t distinguish between intentional or accidental violations of constitutional rights. If law enforcement inadvertently violates a person’s Fourth Amendment rights during a search or seizure, any evidence collected as a result would be considered tainted and inadmissible in court. The goal is to maintain the integrity of the justice system and protect individuals’ rights.

 

Here are some examples of accidentally obtained evidence

Unauthorized Searches: Law enforcement conducts searches without a proper warrant or lacks sufficient justification. For instance, entering a home without consent or a valid reason.

Deceitful Practices: Police gather evidence through deceptive means, such as misleading suspects during interrogations or using false pretenses to obtain information.

Coerced Confessions: Extracting confessions through coercion or intimidation violates a defendant’s rights and renders the evidence tainted.

Invasion of Privacy Rights: Collecting evidence by invading an individual’s privacy, like unauthorized wiretapping or surveillance, falls under this category.

The Exclusionary Rule: Purpose and Application

The exclusionary rule, established in Weeks v. United States (1914) and applied to the states in Mapp v. Ohio (1961), mandates that evidence obtained in violation of the Fourth Amendment cannot be used in a court of law. The primary purpose of this rule is to deter police misconduct and to protect the integrity of judicial proceedings by excluding illegally obtained evidence.

However, its application has been primarily limited to criminal cases. The Supreme Court has been reluctant to extend the exclusionary rule to civil cases, as evidenced by decisions in cases like United States v. Janis (1976), where the Court held that the rule does not apply to civil tax proceedings.

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See 2024 Michigan Supreme Court Case –  Long Lake Township v. Maxon: Where a drone was used to obtain evidence and was challenged was allowed to be used and why.

What the Exclusionary Rule means in one long sentence: This rule states that if law enforcement officials obtain evidence through illegal means—like an unlawful search or seizure—the evidence generally cannot be used in a criminal trial against the person whose rights were violated.

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Michigan Law: Motor vehicles; sale on Sunday unlawful

MCL – Section 435.251

In Michigan, it’s still technically illegal to sell a car on a Sunday, under Section 435.251 of the Michigan Compiled Laws (MCL). This peculiar law harkens back to historical blue laws, which restricted certain activities on Sundays for religious reasons. Despite changes in societal norms and the separation of church and state, this statute remains on the books, though rarely enforced.

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For the first time, scientists have uncovered the precise neurological impacts of cannabis use that give rise to the phenomenon famously referred to as the “munchies,” as revealed by an innovative study backed by federal funds.

Researchers at Washington State University (WSU) have recently published their findings in the journal Scientific Reports, shedding valuable light on the neural mechanism through which cannabis activates a specific cluster of neurons in the hypothalamus region of the brain, resulting in an increased stimulation of appetite.

The hunger-inducing effects of marijuana are well-known among consumers. However, recent findings from animal research provide valuable insights that could potentially lead to targeted therapeutics for addressing conditions such as anorexia.

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After exposing mice to vaporized cannabis, the researchers utilized calcium imaging technology, akin to a brain MRI, to monitor the changes in neuron activity. Through their investigation, they discovered that marijuana vapor attached to cannabinoid-1 receptors in the brain and activated Agouti Related Protein neurons in the hypothalamus, commonly known as “feeding” neurons.

Calcium imaging has been used to study the brain’s reactions to food by other researchers, but this is the first known study to use it to understand those features following cannabis exposure.

As part of this research, it was discovered that the cannabinoid-1 receptor, which is a target of cannabis, regulates the activity of Agouti Related Protein neurons. These particular neurons are well-known for their involvement in controlling feeding behavior and are located in the hypothalamus. This finding sheds light on the intricate connection between the cannabinoid system and the regulation of these essential cells in the brain.

With the help of this information, scientists employed a “chemogenetic” technique, acting as a molecular light switch, to specifically target these neurons in animals exposed to cannabis. By deactivating these neurons, the appetite-stimulating effects of cannabis were no longer present.

Komorn Law – Federal Courts and All Michigan Courts

“We now know one of the ways that the brain responds to recreational-type cannabis to promote appetite,” said Davis.

This work builds on previous research on cannabis and appetite from Davis’ lab, which was among the first to use whole vaporized cannabis plant matter in animal studies instead of injected THC—in an effort to better mimic how cannabis is used by humans.  

In the previous study, researchers discovered genetic alterations in the hypothalamus as a response to cannabis. Therefore, in this investigation, Davis and his colleagues specifically concentrated on this particular region.

Now tell us why it makes food taste so much better!

Read more here – Cannabis activates specific hunger neurons in brain

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 What Are Your First Amendment Rights For Now

 What Are Your First Amendment Rights For Now

The Constitution of the United States is the supreme law of the United States of America for now. It superseded the Articles of Confederation, the nation’s first constitution, in 1789. Originally comprising seven articles, it delineates the national frame and constraints of government.

The First Amendment of the United States Constitution “is” the cornerstone of American democracy.

It’s a powerful shield protecting our fundamental right to express ourselves freely and engage in open discourse. But understanding the intricacies of these rights and how they apply in the modern world can be tricky.

So, let’s dive into your First Amendment toolbox, equipping you with the knowledge to navigate the landscape of free speech.

Freedom of Speech:

This is the big one, the right to express your thoughts and opinions without fear of government censorship. Whether you’re a fiery political commentator or a budding poet, your voice matters. This right extends to various forms of expression, from written and spoken words to artistic creations and even symbolic acts.

Remember, however, that this freedom isn’t absolute. Speech that incites imminent lawless action (“fire in a crowded theater”), or is demonstrably false and harmful (“yelling fire in a non-burning building”) can be restricted so can other speech depending on the powers at be.

Freedom of Religion:

The First Amendment guarantees both freedom of religion and freedom from religion.

This means you have the right to practice any faith (or no faith at all) without government interference. You can build houses of worship, engage in religious ceremonies, and share your beliefs openly.

However, this freedom doesn’t extend to actions that violate other laws or infringe upon the rights of others.

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Freedom of the Press and Assembly:

The press acts as a “vital” watchdog for our “democracy”, and the First Amendment protects its right to gather and report the news freely. It also acts as a mouthpiece for whoever is buying.

This includes traditional media outlets like newspapers and television stations, as well as online platforms and independent journalists.

Similarly, the right to assembly allows you to gather peacefully to protest, petition the government, or simply express your collective opinion.

Freedom to Petition the Government:

This right lets you voice your concerns and demands directly to your “elected” representatives.

You can write letters, make phone calls, attend town hall meetings, or even stage peaceful protests to make your voice heard.

Remember, there’s a claim that the government is accountable to the people, and your voice plays a crucial role in shaping public policy if you yell loud enough.

Navigating the Digital Age:

The rise of the internet has blurred the lines between traditional and new media, raising new challenges for First Amendment interpretation.

Issues like online hate speech, “fake news,” and content moderation on social media platforms are constantly evolving.

It’s important to remember that the core principles of the First Amendment still apply online, but how they are interpreted and enforced in this new landscape remains an ongoing power struggle.

Understanding the Limits:

While powerful, your First Amendment rights are limited.

Certain types of speech, like obscenity, defamation, and true threats, can be restricted.

Additionally, the government has a legitimate interest in maintaining public order and safety, which can sometimes lead to limitations on free speech and assembly.

It’s crucial to understand these limitations and engage in responsible speech that doesn’t harm others or incite violence. If you don’t understand, an unscheduled confinement in the fortress of solitude may reassure your understanding of who is in charge of those rights.

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I recently encountered a new traffic light with 4 different signals – I am confused?!?

I recently encountered a new traffic light with 4 different signals – I am confused?!?

Question: I recently encountered a new traffic light with 4 different signals – What am I supposed to do when the light is flashing a yellow arrow?

Answer: The Michigan Department of Transportation (MDOT) has recently begun replacing the old flashing red signals for left turn lanes at intersections with a new style of signal that incorporates four lights.

This is what MDOT has to say about the new signals. “Those lights are a flashing yellow arrow which permits a left turn when oncoming traffic is clear (oncoming traffic has a green light), a  steady green arrow allows you to turn left, a steady yellow arrow warns that the left-turn signal is about to turn red and you should prepare to stop, and a steady red arrow which requires you to stop. 

The steady red arrow will be followed by a flashing yellow arrow on the next cycle.”

FAQ compliments of you the taxpayer and the MSP.

Question: I need a lawyer for a Traffic charge I got – Who should I call?

Answer: Komorn Law (248) 357-2550

If you or someone you know has been accused of a crime or DUI.
Call Komorn Law Call Now 248-357-2550

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DISCLAIMER
This website and/or post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff, work related information, non work related information and general internet BS. Therefore…Before you believe anything on the internet regarding anything and everything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.

How do I treat a dark traffic signal at an intersection?

How do I treat a dark traffic signal at an intersection?

Question: How do I treat a dark traffic signal at an intersection?

Answer: When a signal at an intersection loses power and there are no other traffic control devices (e.g., stop sign, yield sign, temporary signal, temporary sign) or police officers present at that intersection to provide direction, the intersection will be treated as a four way stop. 

MCL 257.649 requires a driver approaching an intersection with a traffic control signal that does not clearly indicate the right of way or is malfunctioning to treat the intersection as a four-way stop by doing the following: 

  • Stop at a clearly marked stop line, or, if there is no clearly marked stop line, stop before entering the crosswalk on the near side of the intersection, or, if there is no crosswalk, stop before entering the intersection. 
  • Yield the right of way to all vehicles in the intersection or approaching on an intersecting road, if those vehicles create an immediate hazard when the driver is moving across or within the intersection. 
  • Exercise ordinary care while proceeding through the intersection. 

The “four-way stop” rules do not apply to the following:

  • An intersection that is controlled by a traffic control signal that is flashing yellow unless certain events occur, including, but not limited to, activation by an emergency vehicle.
  • A traffic control signal that is located in a school zone and is flashing yellow only during prescribed periods of time. 

FAQ compliments of you the taxpayer and the MSP. Also please note the traffic light pictured has not gone out yet and is still working.

Question: I need a lawyer for a Traffic charge I got – Who should I call?

Answer: Komorn Law (248) 357-2550

If you or someone you know has been accused of a crime or DUI.
Call Komorn Law Call Now 248-357-2550

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Blog Cannabis Science Criminal Defense Attorney Michael Komorn Driving DUI Forfeiture Health Benefits of Marijuana Hemp Know Your Rights Komorn Law Blog LARA-MMFLA Info Legalization Marijuana Criminal Defense Attorney Michael Komorn Medical Marijuana Medical Marijuana Attorney Michael Komorn Michigan Laws Michigan Medical Marhuana Regulation Michigan Medical Marijuana Act Michigan Medical Marijuana Criminal Defense Michigan Medical Marijuana Criminal Defense Attorney Michael Komorn Michigan News Michigan Supreme Court News Planet Green Trees Radio Recent Victories Supreme Court Uncategorized USA news Victories Project Your Rights

DISCLAIMER
This website and/or post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff, work related information, non work related information and general internet BS. Therefore…Before you believe anything on the internet regarding anything and everything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.