Right to Remain Silent: You don't have to say anything to the police that might incriminate you. You must Verbally Declare Your Right To Remain Silent!
Anything You Say Can Be Used Against You: If you do talk, what you say WILL be used as evidence in court.
Right to an Attorney: You have the right to consult with a lawyer and have them present during questioning.
Right to a State-Appointed Attorney: If you can't afford a lawyer, the state must provide one for you.
These rights are protected under the Fifth Amendment of the U.S. Constitution.
The Miranda rights are named after the landmark Supreme Court case "Miranda v. Arizona, 384 U.S. 436 (1966)." This case established that detainees must be informed of their rights before police questioning to ensure fair treatment and to protect against self-incrimination and coerced confessions.
Basic Right: Citizens generally have the right to video record police officers performing their duties in public.
Public Spaces: This right is strongest in public places where individuals have the right to be and observe, like streets or parks.
No Interference: Recording is legal as long as it doesn't interfere with the officer's duties.
State Laws Vary: While this right is widely recognized, specific laws and limits can vary by state.
This right is primarily protected under the First Amendment of the U.S. Constitution, which guarantees freedom of speech and the press. This has been interpreted to include the right to gather information about public officials, like police officers, in a public place.
One pivotal case is "Glik v. Cunniffe," where the U.S. Court of Appeals for the First Circuit recognized that private citizens have the right to record police carrying out their duties in public. This case reinforced the principle that recording police is a protected First Amendment activity.
These rights and principles ensure transparency and accountability in law enforcement, contributing to the public's ability to monitor and document police conduct.
Protection from Unreasonable Searches: Citizens have the right to be protected from unreasonable searches and seizures by the government or law enforcement agencies.
Warrant Requirement: Typically, a search or seizure requires a warrant issued by a judge, based on probable cause.
Exceptions: There are exceptions, such as searches during lawful arrests, in emergency situations, or when evidence is in plain view.
Consent: A search can be conducted without a warrant if the individual voluntarily consents.
These rights are protected under the Fourth Amendment of the U.S. Constitution, which guards against unreasonable searches and seizures and sets requirements for warrants.
A landmark case in this area is "Mapp v. Ohio (1961)," where the U.S. Supreme Court ruled that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," is inadmissible in state courts. This case established the "exclusionary rule," a key component in upholding Fourth Amendment rights.
These protections are fundamental to maintaining privacy and safeguarding citizens against arbitrary government intrusions.