Miranda Rights in Utah – The Interrogation Requirement
When Utah Police Interrogate a Criminal Suspect
In Utah, a criminal suspect has certain rights known as Miranda rights. Such rights fall under the umbrella of the 5th Amendment to the U.S. Constitution which recognizes the right that everyone has to no incriminate oneself. Miranda rights protect individuals against an overintrusive government.
Miranda rights kick in when a criminal suspect is in the custody of law enforcement personnel and is being interrogated by law enforcement. We will discuss the custody requirement at another time and will discuss the interrogation requirement today.
In Utah, interrogation occurs when a law enforcement officer questions a criminal suspect about the crime alleged to have been committed by the suspect. There is a myriads of factual circumstances that courts have addressed to determine when interrogation occurs and such a determination is made on a case by case basis.
Findings of Interrogation
In U.S. v. Plugh, 576 F.3d 135 (2d Cr. 2009) the Second Circuit court found that after a defendant had requested an attorney, law enforcement personnel impermissibly interrogated the defendant when they threatened to bring up his lack of cooperation with the prosecutor and that they were taking him to the federal Marshal’s office so if he had anything to say he should say it.
In U.S. v. Bizzell, 347 Fed. Appx. 787 (3d Cir. 2009) the Third Circuit court found that even though a defendant initiated a conversation with the police by asking why he was arrested, the officer’s follow-up question asking defendant why he carried a gun constituted custodial interrogation because such a question would likely elicit an incriminating response.
Don’t Say Anything to the Police
A lot of people think that by cooperating with the police the charges brought against them will not be so severe. Don’t believe it. Never talk to the police. It won’t help you. Talk to a Criminal Defense before you do anything. The lawyers at Salcido Law Firm PLLC will protect you against coercive police measures.
Call us anytime to find out how our representation of your in your criminal case will benefit you. 801.413.1753.