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Law Enforcement And Miranda Warnings Case Analysis

1284 words - 5 pages

This paper will go through the first arrest that a new police officer did while responding to a house break in. It will show what a FTL would say to the new officer on how they did with the situation after the arrest. We will identify four issues during the arrest that related to the Miranda Laws. Then, we will try and relate these issues to a historical case. Later, we will carefully analysis the situation and see if we could resolve the issues or not. We will then go over how these issues could have been prevent from happening.
Law Enforcement and Miranda Warnings
The FTL should have told the arresting officer once he realized the suspect did not speak English, he should have notified his supervisor. If the young male was a juvenile, the officer should make sure to contact the suspect’s parents or legal guardian. Before the officer can even begin to read the suspects Miranda rights to him, two things need to happen. One if he is a minor, his parents need to be present with him. Two, since the suspect does not speak or understand English the officer’s supervisor mush find a professional interpreter that speaks that language. Most departments have either someone in the department or a call list of people that can do that. The officer or his supervisor should also make sure that the interpreter writes the Miranda Warnings out in the suspect’s language so he can read them and sign them. The case Florida vs Powell (08-1175) Mr. Powell was place into custody for suspicion of illegally owning a firearm. The officers said Mr. Powell waived his rights to counsel. They proceeded to question him in an interrogation room. Since Mr. Powell did not speak or understand English very well, the Florida Supreme Court over turned his case. They felt that the police did not adequately advise him of his rights to have counsel present during questioning. The Miranda Rights have to be fully understood and if someone does not speak or understand English, the arrest government agency has to provide a legal professional that speaks their language to read it to them. The Miranda Rights are there to protect people from incriminating them self’s in a crime. Every Law Enforcement in the United States has to protect all people 5th Amendment right before asking any question to someone in custody. When the responding officer arrived at the scene of the break in, since there was no evidence that the young boy was the suspect. The officer could have asked the subject to come down to the station with him for a statement. This way the subject would not be under arrest he would just be a witness to a crime. The officer would still need to notify his supervisor he needs an interpreter, but the officer could then speak to the subject without violating his 5th Amendments. Miranda vs Arizona is the land mark case that every Law Enforcement agency in the United States goes by. The Supreme Court of the United States looked at four main cases that had to do with custodial...

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