Miranda Violations – Motion to Suppress
I can insist that the court suppress the driver’s statements - exclude the driver’s statements from being repeated at trial - by showing that the officer failed to properly advise the driver of his Miranda Rights. Miranda v. Arizona, 384 U.S. 436 (1966) established the rule that an officer must read a person their “Miranda” rights if the officer detains the person and interrogates them about criminal activity. The officer’s Miranda warning should include the following:You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to the advice of an attorney. If you cannot afford an attorney, one will be appointed to you by the court. Do you understand these rights (wait for answer before proceeding)? Do you agree to waive these rights and speak to me (wait for answer before proceeding)?
Excluding the driver’s statements from trial prevents the officer from testifying about how much alcohol the driver said he drank and prohibits the officer from restating the driver’s “confused” statements.