When a Miranda Warning is not Required

When the police do not ask the suspect any questions that are designed to elicit information that may be used against the suspect in court. An example is booking questions When the police have not focused on a suspect and are questioning witnesses at a scene of crime When a person volunteers information ( admission ) before the police have asked a question When the suspect has given a private statement to a friend or some other acquaintance ( Third Party ). Miranda does not apply to these statements as long as the police did not orchestrate the situation During a stop and frisk, when no arrest has been made During a traffic stop Waiver of Miranda Rights

Suspects must knowingly and intelligently waive their Miranda rights, which is why the police ask do you understand your rights and do you wish to talk to me Silence by the suspect is not good enough, he must state that he understands and waives his rights Suspect must assert his rights in a clear statement, not a vague remark like maybe I should talk to a lawyer. Statements taken in violation of Miranda can be used to impeach the defendant if he testifies at trial. Identification Procedures

Showup: A suspect is apprehended within a reasonable time after the commission of the crime and he is returned to the scene for identification by witnesses or victims No 6th Amendment Right to counsel Photo Array: The suspect is not in custody, but the police have a suspect in mind or want the victim to look at mug books They use a photo lineup when they have a suspect, usually 6 pictures No 6th Amendment Right to counsel Lineup Lining up several similar looking persons, one of whom is the suspect in front of the victim or witnesses The 6th Amendment Right to counsel usually applies if the person has been arrested for the crime, but does not apply if he has not been arrested yet Counsel is usually present whether the person has been arrested or not

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