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Focus on the Fifth: Miranda v. Arizona
, the Supreme Court held that Miranda
, "being a constitutional decision of th[e] Court, may not be in effect overruled by an Act of Congress,..." The Court also declined to overrule Miranda
itself, and declared "that Miranda
and its progeny in this Court govern the admissibility of statements made during custodial interrogation in both state and federal courts."
Cases and Codes
- Miranda v. Arizona, 384 U.S. 436 (1966).
- United States v. Dickerson, 166 F.3d 667 (4th Cir. 1999).
- U.S. Constitution: Fifth Amendment Includes annotations of cases decided by the United States Supreme Court.
- 18 U.S.C. § 3501: Admissibility of Confessions
Resources
- Supreme Court Center Features party and amicus curiae briefs from the Dickerson v. United States case.
- FindLaw's Criminal Law Center: Police Questioning: When Miranda Warnings Are Required An article by Nolo Press.
- American Civil Liberties Union ACLU Amicus Curiae Brief in United States v. Dickerson in Support of Rehearing. U.S. Court of Appeal s, Fourth Circuit.
- Beyond Miranda By Edward M. Hendrie, J.D., a legal instructor at the FBI Academy.
- Intentional Violations of Miranda: A Strategy for Liability By Kimberly A. Crawford, J.D., a legal instructor at the FBI Academy.
- Miranda Rights From American Treasures of the Library of Congress. Online exhibit includes Chief Justice Warren's handwritten notes concerning the Miranda decision and Justice Brennan's comments on the Miranda decision.
- Miranda v. Arizona Features the oral argument, docket, abstract, voting, and annotations. From The Oyez Project, Northwestern University.
- "Police Interrogation in the 1990s: An Empirical Study of the Effects of Miranda" By Professor Paul G. Cassell and Bret S. Hayman. 42 UCLA L. Rev. 839 (1996)
FAQs
- Does the law permit the police to search my home or items in it?
- May the police search me without a warrant?
- What is an interrogation?
- When am I in custody?
- How do the police recommend that criminal charges be filed against someone?
Criminal Law Resources
- Criminal Law Forms [$]
- Expungement/Criminal Record Handbook [$]
- Case Intake Form: After an Arrest
- Checklist: Have Your Arrest Rights Been Violated?
- Documents to Gather: After An Arrest
- Questionnaire: Choosing a Juvenile Defense Attorney
- The FindLaw Crime & Criminals Blog
- Find Chicago DUI Lawyers
- Find DUI Lawyers in All Locations
- Decided: The FindLaw Noteworthy Decisions & Settlements Blog
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