Steven J. Richardson | June 2, 2010
Yesterday’s decision by the US Supreme Court in Berghuis v. Thompkins has been in the news quite a bit, as it will have quite an impact on 5th amendment cases in the future and will certainly, as dissenting Justice Sotomayor observed, “turn Miranda upside down.” I have talked about Miranda in other posts, but this [...]
Steven J. Richardson | March 8, 2010
The Miranda warning has become a familiar concept by anyone who has watched television over the past 40 years. “You have the right to remain silent . . . “ Once you become a suspect, the police must give you this warning before continuing with questioning. If you ask for a lawyer, they must stop [...]
Steven J. Richardson | July 17, 2009
The Miranda warning is something we are all familiar with from watching police dramas. Once the suspect is “Mirandized” and says he or she wishes to have an attorney present, questioning must cease. However, on July 9, the New Jersey Appellate Court held that the police may resume questioning of a suspect who has invoked [...]
Steven J. Richardson | February 6, 2009
The New Jersey Supreme Court ruled recently in a child molestation case on an issue involving Miranda warnings. We are all familiar with the Miranda language from police and court dramas on TV, and many of us can even recite them as well as a police officer. If you are arrested, or are just brought [...]