Southwest

On this day in history, June 13, 1966, Supreme Court decision creates Miranda rights for those under arrest

Published

3 days ago

June 14, 2024

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Most Americans are familiar, at least in passing, with the phrase, “You have the right to remain silent.”

And on this day in history, June 13, 1966, this right was announced by the U.S. Supreme Court as a principle of American law in the landmark case Miranda v. Arizona.

In a 5-4 decision in the 1966 case, the nation’s high court ruled that an arrested individual is entitled to rights against self-incrimination and to an attorney under the Fifth and Sixth Amendments of the United States Constitution.

Miranda v. Arizona culminated in the famed “Miranda rights” requirement during arrests, according to the Library of Congress.

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In the Miranda v. Arizona Supreme Court case, it was held that the custodial interrogation of an individual must be accompanied by an instruction that the person has the right to remain silent; that any statements the person makes can be used against that person; and that the individual has the right to legal counsel, either retained or appointed, notes the Cornell University School of Law website.

“Absent these safeguards, statements made in this context will be inadmissible in court. These rights have since become known as the Miranda Rights,” that site also noted.

In a Supreme Court decision, the nation’s highest court ruled that an arrested individual is entitled to rights against self-incrimination and to an attorney under the Fifth and Sixth Amendments of the Constitution. (Getty Images/iStock)

The landmark case originated in Phoenix, Arizona. It involved a young man named Ernesto Arturo Miranda, arrested in 1963 based on circumstantial evidence that he had committed a kidnapping and rape, according to the Florida Supreme Court website.

Miranda was brought to police headquarters in Phoenix for questioning, and after a police lineup, law enforcement officers led Miranda to believe he had been positively identified, the site also says.

He was then interrogated by police officers for two hours, which resulted in a signed, written confession, according to the Office of the U.S. Courts on behalf of the Federal Judiciary.

If police fail to give that warning, any confession they obtain from the suspect can then be challenged at trial or on appeal.

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At trial, the oral and written confessions were presented to the jury.

Miranda was found guilty of kidnapping and rape and was sentenced to 20-30 years imprisonment on each count, the Office of the U.S. Courts also says.

On appeal, the Supreme Court of Arizona “held that Miranda’s constitutional rights were not violated in obtaining the confession,” says the Office of the U.S. Courts.

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However, “Miranda’s case caught the eye of an attorney with the Phoenix chapter of the American Civil Liberties Union, Robert Corcoran,” History.com says.

“Corcoran reached out to prominent Arizona trial lawyer John J. Flynn, who took over the case and recruited his colleague and expert in constitutional law, John P. Frank, to assist in an appeal to the United States Supreme Court.”

There were two legal issues at hand. First, the Fifth Amendment says that people cannot be forced to be a witness against themselves.

Although suspects may waive their rights to remain silent and to consult an attorney, their waivers are valid (for the purpose of using their statements in court) only if they were performed “voluntarily, knowingly and intelligently.” (iStock)

Second, the Sixth Amendment gives everyone the right to assistance by an attorney whenever they are accused of a crime, as the Florida Supreme Court outlines on its website.

Chief Justice Earl Warren specified new guidelines to ensure “that the individual is accorded his privilege under the Fifth Amendment to the Constitution not to be compelled to incriminate himself.”

The wording used when a person is read the Miranda Warning, also known as being “Mirandized,” is clear and direct, according to MirandaWarning.org.

“As a result of the case against Miranda, each and every person must now be informed of his or her rights when in custody and about to be interrogated.”

The specific wording is this: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?” the Miranda Warning site notes.

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Chief Justice Warren also declared that police may not question (or continue questioning) a suspect in custody if at any stage of the process he “indicates in any manner that he does not wish to be interrogated” or “indicates in any manner … that he wishes to consult with an attorney,” according to Britannica.com.

If police fail to give a Miranda warning, any confession they obtain from a suspect can then be challenged at trial or on appeal. (iStock)

If police fail to give that warning, any confession they obtain from the suspect can then be challenged at trial or on appeal, according to the Florida Supreme Court’s website.

Important, too, is the understanding that the Miranda warning is only to be used by law enforcement when a person is in police custody (and usually under arrest) and about to be questioned, says the National Constitution Center in Philadelphia.

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“Anything you say to an investigator or police officer before you’re taken into custody — and read your Miranda rights — can be used in a court of law, which includes interviews where a person is free to leave the premises and conversations at the scene of an alleged crime,” the center also says.

The Supreme Court is seen at sundown in Washington, D.C., on Nov. 6, 2020. (AP Photo/J. Scott Applewhite, File)

Following the ruling, the Supreme Court overturned Miranda’s conviction, but Miranda was retried and convicted in Oct. 1966.

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Remaining in prison until 1972, Ernesto Miranda was later stabbed to death in a bar after a poker game in Jan. 1976, says History.com.

“As a result of the case against Miranda, each and every person must now be informed of his or her rights when in custody and about to be interrogated,” the site also says.

More recently, on June 23, 2022, the Supreme Court ruled that law enforcement officers may not be sued for damages under federal civil rights law for failing to issue the Miranda warning to suspects, the same site adds.

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Southwest

Mystery as huge group of people falls violently ill while hiking through remote part of Grand Canyon

Published

4 hours ago

June 18, 2024

Press Room

Dozens of hikers visiting Havasupai Falls at the bottom of the Grand Canyon have reported falling violently ill with a mysterious sickness.

In some cases, visitors were too sick to hike back out of the canyon, and needed to be carried out via helicopter.

Maylin Griffiths, who visited the falls in Arizona to celebrate her 40th birthday, told AZ Family that her trip quickly turned into a nightmare after she suddenly fell very ill.

“We [left] early morning on the 6th and then set up camp. We had a wonderful campsite,” Griffiths said. “I was throwing up, just a lot of GI issues and then it just progressively got worse and worse.”

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This photo provided by Randy Shannon shows Mooney Falls on the Havasupai reservation outside the village of Supai, Ariz., May 19, 2024. Dozens of tourists say they fell ill on a recent visit to a popular and picturesque stretch of waterfalls deep in a gorge neighboring Grand Canyon National Park. (Randy Shannon via AP)

Another friend in her group also got severely ill, and the group ended up hiking back several miles to a village in the canyon to get medical attention.

“He discovered our temperatures were really high. Mine was 104 and my friend was 105. We were violently ill. They were able to admit us to the clinic there because they considered it life threatening,” Griffiths told the outlet.

Dozens have taken to social media recently with similar experiences, including Mary Blair, who recently spoke to Fox 10 about the nightmare.

She and eleven others set out on a forty-mile hike to the falls, planned over four days. The trip took a turn on the final night of their trip when her son suddenly developed norovirus-like symptoms.

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This photo provided by Francesca Dupuy shows the Havasu Falls on the Havasupai reservation in Arizona, Sept. 4, 2023. (Francesca Dupuy via AP)

“He was throwing up and having diarrhea all night long. I got him in the river. We were in there at midnight, 1 o’clock, just to lower his body temperature,” Blair told the outlet.

Unbeknownst to them, others in the group were also sick. At 2 a.m., the groups started a two-mile hike out to a helicopter pad to get the sick to safety and medical attention.

“This kid is a four-star athlete. He is the strongest out of all of us. He was using hiking poles, and he could barely walk,” Blair said of her son.

“On the way up, all of us were passing people who are throwing up and that’s when I was like, what the heck is going on?” Blair told Fox 10. “There’s probably 60–70 people down the line. There are multiple people throwing up.”

When they got home, the Blair family saw that over 300 people had posted about similar experiences on Facebook, with symptoms of vomiting and diarrhea.

It’s unclear what led to the mass illness, but Blair and her family – who are experienced hikers – told Fox 10 that nearly 400 people were camping in close quarters. Sanitary bathrooms were difficult to find, she said.

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Havasupai Falls is located on the Havasupai Indian Reservation in Coconino County. In a Facebook post, the Havasupai Tribe Tourism Office wrote that the public water sources on the reservation are tested regularly, and were last determined to be safe for human consumption by the Havasupai Water Department on June 6. The next water test of the Fern Spring is scheduled for two weeks from June 11.

“There is an excessive heat warning at this time,” the tourism authority wrote. “The Havasupai Tribe reminds all tourists to properly hydrate before, during and after your visit to Havasupai. Please consider supplementing your water intake with electrolytes.” “Lastly, it is critically important that all tourists take our their trash, camping supplies and personal items,” the post continued.

“Properly dispose of hygiene items. The trash bins in the composting toilets are not for your personal campsite trash… The cost to remove tourist trash and gear by helicopter is substantial.”

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Los Angeles, Ca

Orange County neighborhood rallies after resident’s Pride flag slashed by vandals

Published

4 hours ago

June 18, 2024

Press Room

Orange County neighborhood rallies after resident’s Pride flag slashed by vandals

Residents in Anaheim are rallying behind a gay couple after vandals ripped down a Pride flag from their home and slashed it into pieces over the weekend.

The June 15 incident happened in the early morning hours and was captured on the couple’s home surveillance cameras.

Jake Nolan and his partner, Jon, have lived in their Anaheim home for the last seven years and said they installed the flag as a celebration of Pride Month.

“We were like, ‘Did that really just happen? Did someone slash the flag and pull it down?” Nolan told KTLA’s Rachel Menitoff.

Footage of the incident shows a person walk through their yard up to the flag and pull out a knife.

“You see him grab the flag, slash it and then rip it down,” Nolan explained. “Then he says some stuff and you kind of see him stomp through the yard.”

While the couple said they have a hard time understanding why someone would act this way, what they found after they posted the hateful incident to a neighborhood Facebook page was an overwhelming response of support.

“I said, I’m going to order 10 flags. If you guys want a flag, we can show solidarity and we can all show support,” neighbor Elia Renteria said after reading the social media post. “Come on down and grab a flag and you can all put it on your front door.”

Neighbors on the street responded in droves and now one house after another is flying the Pride flag in solidarity.

“It makes you feel good to know that where we planted our roots is a community that looks out for us and we can all look out for each other,” Nolan said.

He added that he’s not going to allow the hateful act to deter him from showing his love and support for Pride.

“If people can see it and feel support, like, that was a big motivator for us to get it back up as soon as possible,” he said. “It’s a message of you can do it, but you can’t keep us down.”

The couple did file a police report and officers with Anaheim Police Department were at their house on Monday. The incident is also being investigated as a possible hate crime.

Southwest

Tejano singer and TV host Johnny Canales, who helped launch Selena's career, dead at 77

Published

11 hours ago

June 17, 2024

Press Room

Tejano singer and longtime television music show host Johnny Canales has died at age 77.
Canales’ family confirmed his death in a statement posted on the Johnny and Nora Canales Show Facebook page.
Born in Mexico, Canales was famous for his catchphrase “Take it away” while hosting a televised music show in Corpus Christi, Texas, during the 1980s and 1990s.

Tejano singer and longtime television music show host Johnny Canales has died. He was 77.

Canales’ family confirmed his death in a statement posted Thursday on the Johnny and Nora Canales Show Facebook page. The post did not provide a cause of death.

“He was more than just a beloved husband, father, TV host, musician, and entertainer; he was a beacon of hope and joy for countless people,” according to the statement. “His infectious charisma and dedication to promoting Latino music and culture left a large mark on the world.”

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Canales, who was born in Mexico, was known by the catchphrase “Take it away” as he hosted a televised music show in Corpus Christi, Texas, in the 1980s and 1990s.

Johnny Canales, host of the “Johnny Canales Show” is honored with a lifetime achievement recognition during the Tejano Music Awards in San Antonio, Texas on Aug. 18, 2012. Canales has died, according to a statement from his family. He was 77. (Billy Calzada/The San Antonio Express-News via AP)

He is credited with launching the career of Tejano superstar Selena on the show and was portrayed by actor Luis Bordonada in the Netflix series “Selena: The Series.”

At its height, the syndicated show was seen across the United States, Mexico and Latin America.

Corpus Christi musician and music producer Dusty Oliveira told KXII-TV that as a child he watched and was inspired by Canales’ show.

“To see someone from here do that and then blow up on a national scale, or a worldwide scale really, is really important because you want to see people like yourself doing these things,” Oliveira said.

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