Gee wrote: ↑September 15th, 2022, 4:30 am
Ecurb wrote: ↑September 13th, 2022, 9:15 am
Quite clearly, the Miranda warning protects only the very ignorant or very stupid. Anyone of normal intelligence who owns a TV and has watched cop shows knows about the Miranda warning, and knows that he can request a lawyer and that anything he says can be used against him.
Or the very naïve. Most intelligent people understand that TV shows are fantasy -- not real life. In real life, people who follow the rules and are law abiding citizens do not get rousted by the police. If you are innocent, you are not going to be convicted of a crime, or so we think -- but it happens. Innocent statements can be interpreted in a lot of different ways especially if you do not even know what crime is being investigated -- and they don't tell you.
One of my daughter's friends once complained to me that a cop stopped him and did not read him his rights while searching his car and looking for drugs. He was very angry at being so abused and denied his rights (He was 16). I smiled at him and explained that he didn't have any rights. He argued that he had Miranda rights. I explained that Miranda rights are civil rights, so they only apply after a person has reached the age of majority. Before that you have about the same rights as a dog -- to be fed, educated, housed, provided with medical care when needed, etc.
This is why I did not let my children drive until they were 18 years old, because the police know that 16 and 17 year old kids do not have rights. I did not want them to have to deal with traffic cops without me there.
The 5th and 6th amendment are what make up the the miranda rights. These apply to minor. In the case of 16 year old, if he was arrested - what was the probable cause that made the officer want to search the car? Was he arrested or was he detained? There is a difference. If an officer asks you to step out of the car, do so and say that you do not give permission for the officer to search your vehicle. The use of you fourth amendment rights applies to your home, car, and a facility that may have public use (like a church) that you attend.
If 16 and 17 year olds had no rights, then how do some of them get charged as adults in court? I would use the reference to people like Kyle Rittenhouse (charged as an adult because he was 17)and the Bever Brothers (One was 17 and the other was 16).
The problem many people have is you have the right to remain silent, but do you have the ability to stay silent.
As soon as you ask for an attorney, the police are required to stop asking questions. Anything they ask you after that without the attorney present is not allowed in court. You can spout that you did it, but if you asked for the attorney first, they cannot use that admission.