Connect with us

Southwest

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

Published

on

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

Join Fox News for access to this content

Plus special access to select articles and other premium content with your account – free of charge.

By entering your email and pushing continue, you are agreeing to Fox News’ Terms of Use and Privacy Policy, which includes our Notice of Financial Incentive.

Please enter a valid email address.

Having trouble? Click here.

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.

Advertisement

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. 

ON THIS DAY IN HISTORY, JUNE 12, 1987, REAGAN URGES GORBACHEV TO ‘TEAR DOWN THIS WALL’

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.

Advertisement

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.

Advertisement

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.

ON THIS DAY IN HISTORY, JUNE 5, 1968, PRESIDENTIAL HOPEFUL ROBERT F. KENNEDY IS FATALLY SHOT IN LOS ANGELES

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. 

Advertisement

“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.”

Advertisement

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.

ON THIS DAY IN HISTORY, JUNE 4, 1919, CONGRESS PASSES THE 19TH AMENDMENT, GRANTING WOMEN THE RIGHT TO VOTE

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.

Advertisement

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)

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.”

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. 

ON THIS DAY IN HISTORY, MAY 17, 1954, SUPREME COURT TROUNCES SEGREGATION IN LANDMARK BROWN V. BOARD CASE

Advertisement

“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.

For more Lifestyle articles, visit www.foxnews/lifestyle

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.

Advertisement

“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.

Read the full article from Here

Advertisement
Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Southwest

Texas woman tries to flee to Mexico across Rio Grande with infant after human smuggling bust, authorities say

Published

on

Texas woman tries to flee to Mexico across Rio Grande with infant after human smuggling bust, authorities say

NEWYou can now listen to Fox News articles!

A Texas woman found with five illegal immigrants in her vehicle attempted to flee from authorities near the border by swimming across the Rio Grande into Mexico with an infant, officials said. 

Brenda Castro, a U.S. citizen, was a passenger in a Ford Explorer being driven by her husband, also an American citizen, on Dec. 19 in the border city of Laredo when he refused to stop for Texas Department of Public Safety (DPS) troopers, the agency said. 

Dashcam footage released by DPS shows the SUV traveling at a high speed along residential and rural roads. 

Authorities said a high-speed chase ensued when Castro bailed out of the vehicle with an infant and tried to swim across the river, which borders Mexico. 

Advertisement

VIDEO SHOWS 23 ILLEGAL IMMIGRANTS FOUND HIDDEN IN TRUCK CAB DURING TENSE TRAFFIC STOP: POLICE

Brenda Castro jumped into the Rio Grande with an infant in an attempt to flee to Mexico during a high-speed chase with authorities while smuggling illegal immigrants, the Texas Department of Public Safety said.  (Getty Images; Texas Department of Public Safety)

Castro’s husband swam across and made it to Mexico, a DPS spokesperson told Fox News Digital. 

State and local law authorities at the scene directed Castro to come back to the U.S. side of the border, and she was arrested. 

TEXAS RAID TARGETING TREN DE ARAGUA GANG LEADS TO ARREST OF 140 ILLEGAL IMMIGRANTS 

Advertisement

Bodycam footage shows Brenda Castro and an infant in the Rio Grande on the U.S.-Mexico border.  (Texas Department of Public Safety)

While in the river, authorities were heard telling Castro in Spanish to get back to dry land with the child. A law enforcement officer was then seen taking the child out of the water.

“I can’t believe you tried to run back with the baby. You both could have drowned,” a law enforcement officer told Castro while escorting her into a vehicle upon her arrest.

The child was placed under the care of authorities. 

Authorities said they found five illegal immigrants in Castro’s vehicle and turned them over to the U.S. Border Patrol. 

Advertisement

The Rio Grande is seen from Laredo, Texas, U.S., September 19, 2020. Picture taken Sept. 19, 2020. (REUTERS/Veronica G. Cardenas)

Castro is charged with human smuggling and endangering a child.

Read the full article from Here

Advertisement
Continue Reading

Southwest

Ex-police officer given prison time in case prosecuted under Soros DA sees conviction overturned a year later

Published

on

Ex-police officer given prison time in case prosecuted under Soros DA sees conviction overturned a year later

NEWYou can now listen to Fox News articles!

Texas’ 7th Court of Appeals has acquitted former Austin Police Department Officer Christopher Taylor, who had previously been convicted in connection with an on-the-job shooting and sentenced to two years in prison. 

“This case comes down to a single, unavoidable question: When an elevator door opens to reveal a man holding a knife who turns toward officers and advances, may an officer reasonably believe deadly force is necessary to prevent an imminent murder? The jury concluded no. The record and the governing law compel the opposite,” the opinion declared. 

“Following a plea of not guilty, Appellant, Christopher Taylor, was found guilty by a jury of deadly conduct by discharging a firearm,” the court noted. “We reverse and acquit.”

‘MISCARRIAGE OF JUSTICE’: SOROS DA RIPPED BY POLICE FOR ‘WAR’ ON COPS AFTER OFFICER SENTENCED TO PRISON

Advertisement

Left: Christopher Taylor; Right: Travis County, Texas, District Attorney Jose Garza. (IMAGN/Getty Images)

Taylor was sentenced to two years in prison after being convicted of deadly conduct, after originally being charged with murder in the shooting death of 46-year-old Mauris DeSilva in 2019. 

DeSilva was in the midst of a mental health episode, walking around an apartment complex, threatening to harm himself and holding a knife to his throat, when he failed to drop the knife after being instructed by officers to do so.

Taylor and another officer opened fire during the incident, while another officer shot a taser, according to the background section included in the appeals court decision.

“In 2019, Appellant, then an Austin Police Department officer, and three fellow officers responded to a 911 call at a downtown Austin condo building. A resident, Mauris DeSilva, had been seen roaming the halls with a knife to his throat and threatening suicide,” the document explains.

Advertisement

ILLEGAL IMMIGRANTS ALLEGEDLY RAN MULTI-MILLION-DOLLAR GIFT CARD FRAUD SCHEME HITTING STORES DAILY ACROSS TEXAS

Austin police officer Christopher Taylor listens during his sentencing hearing at the Blackwell-Thurman Criminal Justice Center on Tuesday Dec. 3, 2024. (Jay Janner/American-Statesman / USA TODAY NETWORK via Imagn Images)

“Bodycam footage showed that when the elevator doors opened, DeSilva was facing a hallway mirror with the knife at his throat. He turned and approached the officers. They had not designated a single officer to issue commands, and all four shouted orders, including ‘show me your hands’ and ‘drop the knife’,” the document says. 

“DeSilva lowered the knife to his side but continued forward. Almost simultaneously, the taser officer fired, and the two officers with drawn weapons fired as well. Appellant fired five shots, and the other officer fired twice. DeSilva died at the scene,” the document notes. 

“Appellant was indicted for deadly conduct with a firearm and pleaded not guilty, asserting self-defense and defense of others,” the document noted, adding that a jury found Taylor guilty and a court sentenced him to “two years’ imprisonment.”

Advertisement

Fox News Digital previously spoke to members of the law enforcement community in Austin who said that Taylor’s prosecution represented a malicious targeting of police officers by Travis County’s progressive district attorney, José Garza.

In response to Taylor’s conviction being overturned this week, Austin Police Association President Michael Bullock said the appeals court decision “once again shows that District Attorney Jose Garza manipulated the criminal justice system by repeatedly trying cases against Detective Taylor, until the jury pool was so tainted that an impartial decision could not be made.”

TEXAS MAN ACCUSED OF CHILD SEX CRIMES AVOIDS JAIL IN PLEA DEAL WITH SOROS-BACKED PROSECUTOR: REPORT

“Thankfully, the 7th Court of Appeals saw through this and did their part by reversing and acquitting Detective Taylor,” the union leader said. “They showed that Travis County and District Attorney Garza cannot create their own version of justice deviating from and manipulating state law, while also ignoring police practices.”

The union leader called on Garza “to immediately drop all remaining charges against Austin Police Officers related to his political attacks.”

Advertisement

“The men and woman of the Austin Police Department must be allowed to do the job they signed up for, protecting the citizens of Austin and the State of Texas, without fear of these countless political prosecutions,” Bullock said, adding, “With this ruling, the madness must end, and common sense must prevail.”

Taylor’s trial attorney, Doug O’Connell, hailed the decision to overturn the conviction.

Travis County District Attorney Jose Garza poses in front of the Austin skyline in a portrait from the county website.  (Travis County DA Website)

“We are deeply grateful for the 7th Court of Appeals’ decision to overturn the conviction of Detective Chris Taylor and enter a judgment of acquittal in his case. Detective Taylor should never have faced prosecution for defending himself and his fellow officers against a man who threatened them with a knife. The use of force in this incident was both legal and authorized under the circumstances,” he said in part of the lengthy statement.

Advertisement

Garza has long faced criticism from law enforcement for an alleged “war on cops” after the Soros-backed district attorney campaigned on indicting police officers and “reimagining” policing in Austin. Soros contributed $652,000 to the Texas Justice & Public Safety PAC in the months leading up to the 2020 Travis County DA election, according to campaign finance records. That same PAC spent almost $1 million on digital and mail advertisements to help Garza’s campaign.

Fox News Digital reached out to the Travis County District Attorney’s Office for comment on Taylor’s conviction being overturned but did not immediately hear back. 

Read the full article from Here

Advertisement
Continue Reading

Southwest

Texas sheriff ‘strongly’ believes remains found belong to missing teen Camila Mendoza Olmos

Published

on

Texas sheriff ‘strongly’ believes remains found belong to missing teen Camila Mendoza Olmos

NEWYou can now listen to Fox News articles!

This story discusses suicide. If you or someone you know is having thoughts of suicide, please contact the Suicide & Crisis Lifeline at 988 or 1-800-273-TALK (8255).

The Texas sheriff spearheading the search for a missing San Antonio teen said Wednesday that he “strongly” believes remains found in a field next to a gun Tuesday afternoon belong to Camila Mendoza Olmos, who vanished on Christmas Eve.

The 19-year-old was last seen at 7 a.m. that day, walking about two blocks away from her home.

“Although it is still too early to definitively say it is her, the body that we found, or what happened to that body that caused the death, I feel personally, feel strongly, that it is her,” Bexar County Sheriff Javier Salazar said in a Facebook Live video Wednesday. “Certainly a heartbreaking case.”

Advertisement

MISSING CAMILA MENDOZA OLMOS: DASHCAM CAPTURES LAST SIGHTING OF TEXAS TEEN WHO VANISHED CHRISTMAS EVE

Camila Mendoza Olmos, 19, was last seen outside her home in San Antonio, Texas, on Christmas Eve, authorities said. (Bexar County Sheriff’s Office)

He previously told reporters there were no signs of foul play and that the body appeared to have been there for several days. In his video Wednesday, he urged residents to check on their loved ones.

“Especially those that have been going through tough times,” he said.

Olmos had a history of suicidal ideation and depression, he said.

Advertisement

Camila Olmos was reported missing on Christmas Eve. (Bexar County Sheriff)

BODY FOUND DURING SEARCH FOR MISSING TEXAS TEEN CAMILA MENDOZA OLMOS AS ANOTHER TEEN DISAPPEARS

“It’s been a heartbreaking week,” Salazar added.

Olmos was one of three teens in the county reported missing in under a week.

Another, 14-year-old Sofia Peters-Cobos, was recovered safely. The third, 17-year-old Angelique Johnson, has been missing since Christmas Day.

Advertisement

This combination image shows missing Bexar County residents James Nunnery, 55, and Angelique Johnson, 17. They were reported missing in unrelated cases on Christmas. (Bexar County Sheriff’s Office)

A fourth missing person, a 55-year-old man named James Nunnery, also vanished on Christmas, according to the sheriff’s office. He was partway through a road trip to Mississippi and last spoke with a relative around 10 a.m., telling his mother he was 180 miles outside Dallas.

CLICK HERE TO DOWNLOAD THE FOX NEWS APP

Anyone with info is asked to call the Bexar County Sheriff’s Office at (210) 335-6000 or email the BCSO Missing Persons Unit at missingpersons@bexar.org.

Fox News’ Jasmine Baehr contributed to this report.

Advertisement

Read the full article from Here

Continue Reading

Trending