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miranda rights, police custody, Illinois criminal defense lawyerTechnically speaking, you are not given your Miranda Rights by having them read to you; you already have your Miranda Rights as a U.S. citizen. The term Miranda Rights has its origins in a 1966 U.S. Supreme Court Case known as Miranda v. Arizona. The court’s ruling gives anyone in police custody or facing potential criminal charges to be advised of their right against self-incrimination. The right to be protected against self-incrimination is also an element of the 5th Amendment of the U.S. Constitution.

If you are taken into police custody, what you are required to be given is a Miranda warning about those rights. The Miranda warning must include the following information:

  1. You have the right to remain silent,
  2. Anything you do say may later be used against you,
  3. You are legally entitled to speak with an attorney,
  4. If you are unable to afford an attorney, one will be provided for you at no cost.

The main the purpose of the Miranda warnings is to let an individual know that if they are in police custody, they have the right to remain silent. This must be communicated clearly to the individual prior to any questioning by law enforcement.

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smartphones, mobile devices, Arlington Heights Criminal Defense AttorneyMobile devices and smartphones are so common that it feels like they have always been a part of our lives. It may be hard to believe, but most people in North America have only been using some type of mobile, cellular device for roughly the last twenty years. Regardless of whether your device is a base model cellular phone or the latest smartphone, there is an abundance of information about you, your contacts and your activities stored within the device.

A recent criminal case in California regarding the warrantless seizure of a cellphone was appealed and heard eventually by the  U.S. Supreme Court. This lead to the Court affirming its position on the unique distinction smartphones and cellular phones deserve as devices with significant data and personal information storage records. As such, law enforcement is required to obtain a search warrant before searching a suspect’s mobile device.

Chief Justice Roberts Links Decision to the American Revolution

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Posted on in Sex Crimes

police powers in Illinois, Arlington Heights criminal lawyerAccording to a recent United State Supreme Court case, the old adage that "ignorance of the law is no excuse" does not apply to criminal prosecutions.

The Facts

Heien v. North Carolina began on an early spring morning in 2009 near the North Carolina-Virginia border. Surry County Sheriff’s Department Sergeant Matt Darisse observed a "stiff and nervous" driver in a Ford Escort. He followed the car for several miles. Eventually, the driver slowed down and only the left brake light came on. Sergeant Darisse pulled the car over and gave the driver a warning. But the entire time, Mr. Heien was lying prone in the back seat. Sergeant Darisse became even more suspicious, obtained consent to search the car, and discovered a sandwich baggie full of cocaine.

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