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The Miranda rights

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The Miranda rights

The Miranda rights were put in place to make sure that the police use the laid out protocol while obtaining information from a suspect. The suspect’s right to innocence until proven guilty in honored in the Miranda warning.  As for the case in question, the Oregon Court of Appeal reversed the ruling by the Oregon trial court because Michael Elstad Miranda rights were violated. Officer McAllister, Thereupon and Burke went to Estand home and upon knocking the door was opened by his mother and she led them to her son’s room where they asked him to dress up and follow them to the living room. Officer McAllister accompanied Elstad mother to the kitchen, where he explained they had an arrest warrant for his son. In the living room officer, Burke started his interrogation on Michael Estland without telling him his Miranda rights where Elstad gave a self-incriminating statement, “yes, I was there.” Estand was then escorted to Sheriff’s headquarters although upon officer McAllister informed him of his Miranda rights he couldn’t alter his previous statement. This correlates to the Miranda v Arizona case, which resulted in the full significance of this warning in court rulings.

References

Oregon v. Elstad, 470 U.S. 298, 105 S. Ct. 1285, 84 L. Ed. 2d 222 (1985).

Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966).

 

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