Amendment IV: Rights of the Accused

Facts of the Case

Ernesto Miranda was arrested in Phoenix due to circumstantial evidence that he had been involved in a kidnapping and rape. He confessed to the charges following a lengthy interrogation and signed a statement that said the confession was made knowingly and voluntarily. Miranda never was told of his right to remain silent, of his right to have a lawyer, or of the fact that any of his statements during the interrogation could be used against him in court. He objected to the introduction of the written copy of his confession into evidence at trial, stating that his ignorance of his rights made the confession involuntary.

When the objection was overruled, Miranda was convicted of the kidnapping and rape at least in part because of the written confession, and he was sentenced to 20-30 years in prison. An appeal based on the confession's allegedly involuntary nature was rejected by the Arizona Supreme Court.

Question

Does the Fifth Amendment’s protection against self-incrimination extend to the police interrogation of a suspect?

Opinions

Majority (5): Warren felt that a police interrogation is such an intimidating situation for most suspects that it triggered the Fifth Amendment protection against self-incrimination and the Sixth Amendment right to an attorney unless the suspect waived those rights. The opinion also emphasized the need for law enforcement to strictly comply with those rights if a suspect exercises them. Since this decision followed Gideon v. Wainwright, which held that there was an absolute right to counsel for indigent criminal defendants, the right to an attorney included the appointment of a public defender if the suspect was indigent. Exercising the right to an attorney also expanded that Sixth Amendment protection to having an attorney during questioning after arrest and before trial, not a situation that Gideon contemplated. As part of the foundation for his reasoning, Warren used FBI practices and rules governing interrogations of military service members suspected of crimes.

Minority (4):  Harlan felt that the majority opinion was an example of impermissible judicial activism, since it lacked support in the text of the Constitution or other law. He argued that creating entire doctrines through inference reduced the legitimacy of constitutional law overall.

Echoing Harlan, White noted that the majority not only had no textual foundation in the Constitution for its opinion but also lacked any Court precedents. He even researched English common law to confirm that it contained no support for Warren. White ominously observed that the majority's rule, if diligently applied, could lead to serious criminals escaping justice.

Case Commentary 

The decision was widely attacked at the time for giving criminals extra ways to unfairly escape prosecution. Congress attempted to override it by introducing a law that imposed the totality of the circumstances test supported by Clark, but federal prosecutors did not actually use that law to justify introducing evidence. However, later decisions have restricted some of Miranda's applications, for example by clarifying that the suspect must clearly and affirmatively assert any of these rights upon receiving the warnings in order to validly exercise them. Courts also have crafted a distinction between confessions and spontaneous statements by defendants, which may be admissible at trial even if Miranda warnings have not been provided, and limits have been placed on the meaning of "custody," which is the only situation in which the warnings apply. On the other hand, courts have held that waiving Miranda rights is effective only if it is voluntary, knowing, and intelligent, providing defense attorneys with grounds on which to challenge evidence introduced based on waivers.

Ironically, while the case had sweeping effects on the American criminal justice system, it had very little impact on Miranda's own situation. He was retried for the crimes with the use of other evidence and again sentenced to 20-30 years, although he was released five years later on parole. A minor local celebrity, he autographed the "Miranda cards" that police officers in Phoenix (as in many other cities across the country) used to verify that they had provided proper warnings to suspects. Miranda was eventually killed in an incident that police never resolved, due in part to a suspect exercising his Miranda right to silence.

Facts of the Case

In 1992, Houston police officers found two homicide victims. The investigation led officers to Genovevo Salinas. Salinas agreed to accompany the officers to the police station where he was questioned for about one hour. Salinas was not under arrest at this time and had not been read his Miranda rights. Salinas answered every question until an officer asked whether the shotgun shells found at the scene of the crime would match the gun found in Salinas' home. According to the officer, Salinas remained silent and demonstrated signs of deception. A ballistics analysis later matched Salinas' gun with the casings at the scene. Police also found a witness who said Salinas admitted to killing the victims. In 1993, Salinas was charged with the murders, but could not be located.

15 years later, Salinas was finally captured. The first trial ended in a mistrial. At the second trial, the prosecution attempted to introduce evidence of Salinas' silence about the gun casings. Salinas objected, arguing that he could invoke his Fifth Amendment protection against self-incrimination whether he was in custody or not. The trial court admitted the evidence and Salinas was found guilty and sentenced to 20 years in prison and a $5,000 fine. The Fourteenth Court of Appeals, Harris County, Texas affirmed, noting that the courts that have addressed this issue are divided. The Court of Criminal Appeals of Texas affirmed.

Question

Does the Fifth Amendment's Self-Incrimination Clause protects a defendant's refusal to answer questions asked by law enforcement before he has been arrested or read his Miranda rights?

Opinions

Majority (5): Long-standing judicial precedent has held that any witness who desires protection against self-incrimination must explicitly claim that protection. This requirement ensures that the government is put on notice when a defendant intends to claim this privilege and allows the government to either argue that the testimony is not self-incriminating or offer immunity. The Court held that the Fifth Amendment does not establish a complete right to remain silent but only guarantees that criminal defendants may not be forced to testify against themselves. Therefore, as long as police do not deprive defendants of the opportunity to claim a Fifth Amendment privilege, there is no Constitutional violation.

Minority (4):  Justice Stephen G. Breyer wrote a dissent in which he argued that Salinas' silence was enough to claim the Fifth Amendment privilege and that the majority's decision raised clear problems for uneducated defendants who may not know the explicit language necessary to protect their rights.

Case Commentary