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Miranda: I KNOW MY RIGHTS!

“I. Know. My. Rights!”

Officers hear those four familiar words many, many times each and every day all across this great land of ours.

It’s a phrase often spoken by the wisest of the wise–the top legal minds of street corners, sour mash-guzzling patrons of back road honky-tonk juke joints, and professional crack and meth smokers everywhere. It’s forcefully uttered by masked basement keyboard warriors who’re out for their weekly brick- and moltov cocktail-throwing adventures, and by pickup truck cowboys out hee-hawing it up after a night of suds-swigging and two-stepping at Myrtle Mae’s Bar and Grill in the strip mall next to the Sizzler turned Bingo Parlor that closed some six years ago.

More times than I care to count, the person delivering the line is a scrawny, wiry sort of guy who prefers to go shirtless, exposing a set of bony ribs that could replace any xylophone in any symphony in the world. They’re the hoodlum wannabes who guzzle three six-packs of cheap beer followed by six shots of Jack Black as a warmup to their serious drinking. Of course, members of all sexes/genders dive in to offer their own spectacular versions of the diatribe and, like the aforementioned folks, they, too, come in all shapes and sizes and from varied backgrounds.

Lately, though, the famous words have been adopted by the likes of soccer moms, college students, sovereign citizens, kids, grocers, butchers, bakers, and candlestick makers.

But no matter from whose lips it crosses, the message is the same, and it’s shouted and screamed and yelled into the faces of law enforcement officers. Of course, the phrase is often followed by a series of threats, such as …

“I. Know. My. Rights, you fat dumbass son of a whore doughnut-eating pig! No offence to pigs, mind you. You work for me. I pay your salary. I’m gonna have your job and I’m gonna sue you and your mama and I’m gonna take your houses and cars and your pension and your mother’s Social Security checks. You gotta let me go. This arrest is illegal ’cause you didn’t read me my rights! Now take off these cuffs … NOW … afore I open a can of whupass on you like you ain’t never seen!!!!”

Well, Mr. Canary-Chest TinyPants, your legal analysis is incorrect, and your threats of violence against well-armed and well-trained officers do very little to intimidate them. Especially when you’ve shown the world the physical attributes you have to back up those strong promises of ass-whuppins.

So let’s examine TinyPants’ claim regarding Miranda and when it’s required.

Miranda

When is a police officer required to advise a suspect of the Miranda warnings?

I’ll give you a hint, it’s not like we see on television. Surprised?

Television shows often have officers spouting off Miranda warnings the second they have someone in cuffs. Not so. I’ve been in plenty of situations where I chased a suspect, caught him, he resisted, and then we wound up on the ground fighting like street thugs while I struggled to apply handcuffs to his wrists. And yes, words were spoken once I managed to get to my feet, but “Miranda” wasn’t one of them. Too many letters, if you know what I mean. Words consisting of only four letters seemed to flow quite easily at that point.

When Is Miranda Required?

Two elements must be in place for the Miranda warning requirement to apply. The suspect must be in custody and he must be undergoing interrogation.

Writers, this is an important detail – A suspect is in police custody if he’s under formal arrest or if his freedom has been restrained or denied to the extent that he feels as if he’s no longer free to leave.

The fellow wearing the handcuffs in the photo below is not free to leave. Therefore, should the officer wish to question him he must advise him of his right to remain silent, etc. However, if the officer decides to not ask questions/interrogate, then Miranda is not required.

arrest-take-down.jpg

I’ve arrested criminals, many of them, in fact, and never advised them of their rights. Not ever. And that’s because I didn’t ask them any questions.

Sometimes officers receive a stack of outstanding arrest warrants for a variety of cases and it’s their job that day to go out and round up those folks. Those officers have no clue as to the circumstances of the crime or case details, therefore they’d not know the appropriate questions to ask. All they know is that the boss handed them a pile of warrants and told them to fetch. This, by the way, is often one of the mundane duties assigned to rookie officers, along with directing traffic and writing parking tickets.

So, the warrant-serving officers locate the person named on the warrant and haul them to the station, or jail, for processing/booking. The officer who had the warrant issued may or may not question the arrested person at a later time. But the arresting officer, the one who played hide and seek with the crook for a few hours on a Monday morning is most likely out of the picture from that point onward. So no questioning = no Miranda.

Interrogation

Interrogation is not only asking questions, but any actions, words, or gestures used by an officer to elicit an incriminating response can be considered an interrogation.

If these two elements are in place officers must advise a suspect of the Miranda warnings prior to questioning. If not, statements made by the suspect may not be used in court. Doesn’t mean the arrest isn’t good, just that his statements aren’t admissible.

Officers are NOT required to advise anyone of their rights as long as they’re not planning to ask questions. Defendants are convicted all the time without ever hearing the police officer’s poem, You Have the Right to …

Miranda facts:

  • Officers should repeat the Miranda warnings during each period of questioning. For example, during questioning officers decide to take a break for the night. They come back the next day to try again. They must advise the suspect of his rights again before resuming the questioning.
  • If an officer takes over questioning for another officer, she should repeat the warnings before asking her questions.
  • Officers may not ask questions if a suspect asks for an attorney.
  • If a suspect agrees to answer questions but decides to stop during the session and asks for an attorney, officers must stop the questioning.
  • Suspects who are under the influence of alcohol or drugs should not be questioned. Also, anyone who exhibits signs of withdrawal symptoms should not be questioned.
  • Officers should not question people who are seriously injured or ill.
  • People who are extremely upset or hysterical should not be questioned.
  • Officers may not threaten or make promises to elicit a confession.

Many officers carry a pre-printed Miranda warning card in their wallets. Here’s a copy of the reverse side of my old Virginia Sheriffs Association membership card (same design, size, and feel of a credit card). I could not begin to count the number of times I’ve used it to read the words to crimincal suspects.

Miranda Card

Fact: The Miranda warning requirement stemmed from a case involving a man named Ernesto Miranda.  Miranda killed a young woman in Arizona and was arrested for the crime. During questioning Miranda confessed to the slaying, but the police had failed to tell him he had the right to silence and that he could have an attorney present during the questioning. Miranda’s confession was ruled inadmissible; however, the court convicted him based on other evidence.

Miranda was released from prison after he served his sentence. Not long after his release, he was killed during a bar fight.

His killer was advised of his rights according to the precedent-setting case of Miranda v. Arizona. He chose to remain silent.

Some individual department/location policies require their officers to advise of Miranda at the point of arrest. However, the law does not require them to do so.

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Sheriffs: Who Are They and What Are Their Duties?

Many of us had our first real look at a sheriff’s office back in 1960 when Andy Taylor and his fearless deputy, Barney Fife, patrolled the roads in and around Mayberry, N.C.

Television took us inside the Mayberry jail, the courthouse, and it even allowed us to ride in the county patrol car. And, for many people, Andy Taylor’s Sheriff’s Office was thought to be the standard.

The things Andy did, well, that’s what a sheriff was supposed to do—fight crime, run the jail, serve the people of the community, spend quality and quiet time with his family and friends—Aunt Bee, Barney, Opie and Miss Ellie and later, Helen, and pickin’ and grinnin’ with the Darlings. Simply a wholesome way of work and play.

But that’s the TV depiction of the life of a county sheriff. Real sheriffin’, however, is a bit different. So, let’s take a brief look at a real-life sheriff and her/his office to see how things differ from the fictional Mayberry department.

First, like Andy, a sheriff is only one person, an elected official who’s in charge of the day-to-day operations of their office.

Because there is only a single sheriff for each jurisdiction, it is in error to call or address the other employees of the agencies as “sheriffs.” This is a common mistake I often hear.

“The sheriff came to my house to deliver a jury summons.”

“Look, here comes a sheriff is driving down the street. Bet she’s going straight to Junior, Jr’s house about them pigs he keeps in the backyard.”

“Two sheriffs went next door and arrested Jim Billy Buck for bustin’ Larry John, Jr.’s jaw with a rusty claw hammer.”

“There are three sheriffs eating donuts and drinking coffee at Delirious Daisy’s Donut Diner.”

So, only one sheriff per office, and, since the sheriff has many responsibilities, they need help to fulfill their duties. Consequently, the sheriff appoints deputies to help with the workload.

Therefore, the drivers of those marked “sheriff’s” cars, the three donut-eaters, arresters of the claw hammer assaulter, jury summons server, and others who work at a sheriff’s office, are typically deputy sheriffs, not the actual sheriff. Unless, of course, the boss happens to be driving one of the marked units, is inside the Donut Diner with two sheriffs from other counties, and decides to serve a jury summons in person (not likely).

Deputy Sheriff

In most locations, deputies serve at the pleasure of the sheriff, meaning they can be dismissed from duty without cause or reason.

Sheriffs in America

There are 3,081 sheriffs in the U.S.

In many areas, the sheriff is the highest-ranking law enforcement officer in the county.

Sheriffs are constitutional officers, meaning they are elected to office by popular vote. Police Chiefs are appointed/hired by a mayor or other officials of a city, such as a city or town council or police commission.

In most states, Sheriffs are elected to four-year terms. Other states require different terms of office, such as a six-year term in one state, a three-year term in another state, and a two-year term in three states.

Generally, sheriffs do not have a supervisor. They don’t answer to a board of supervisors, commissioners, or a county administrator.

Fun Fact – The Los Angeles County Department, the largest sheriff’s department in the world, employs nearly 18,000 budgeted sworn and professional staff. The number of LASD employees is greater than the combined populations of Wyoming counties Sublette and Johnson.

Sheriffs are responsible for:

1) Executing and returning process, meaning they serve all civil papers, such as divorce papers, eviction notices, lien notices, etc. They must also return a copy of the executed paperwork to the clerk of court.

2) Attending and protecting all court proceedings within the jurisdiction.

3) Preserve order at public polling places.

4) Publish announcements regarding the sale of foreclosed property. The sheriff is also responsible for conducting public auctions of foreclosed property.

5) Serving eviction notices. The sheriff must sometimes forcibly remove tenants and their property from their homes or businesses. I’ve known sheriffs who use jail inmates (supervised by deputies) to haul property from houses out to the street.

6) Maintain the county jail and transport prisoners to and from court appearances. The sheriff is also responsible for transporting county prisoners to state prison after they’ve been sentenced by the court.

7) In many, if not most, areas the sheriff is responsible for all law enforcement of their jurisdiction. Some towns do not have police departments, but all jurisdictions, apart from Alaska, Hawaii, and Connecticut, must have a sheriff’s office.

  • In Alaska, there are no county governments.
  • Connecticut replaced sheriffs with a State Marshal System Connecticut.
  • There are no Sheriffs in Hawaii. However, Deputy Sheriffs serve in the Sheriff Division of the Hawaii Department of Public Safety.

8) In California, some sheriffs also serve as coroners of their counties.

California sheriff’s public display of water patrol and rescue equipment, and a tent with “Coroner” labeling.

9) In most jurisdictions, sheriffs and their deputies have arrest powers in all areas of the county where they were elected, including all cities, towns, and villages located within the county.

10) Sheriffs in the three counties of the state of Delaware do not have typical police powers. Yes, there are only three counties in the state of Delaware.

DELAWARE

§ 2103 SHERIFFS AND REGULAR DEPUTIES.

Sheriffs and deputy sheriffs shall not have any arrest authority. However, sheriffs and deputy sheriffs may take into custody and transport a person when specifically so ordered by a judge or commissioner of Superior Court.

In Delaware, the duties of the county sheriffs and their deputies are:

Sussex County – Serve paper for the courts and holds Sheriff’s sales for non-payment of taxes, mortgage foreclosures plus all other court orders.

New Castle County – Provides service of process for writs issued by the Superior Court, Court of Common Pleas, Court of Chancery, Family Court and courts from other states and countries along with subpoenas issued by the Department of Justice, Department of Labor, and Industrial Accident Board.

Kent County – Service the Citizens of Kent County by performing many functions for the State of Delaware Courts (Superior Court, Court of Common Pleas, U.S. District Court and the Court of Chancery).  The Sheriff’s Office serves legal notices to include (subpoenas, levies, summons, etc.)  Additionally, the Sheriff’s Office auctions real estate in accordance with the Delaware Code.

The above list of sheriff’s responsibilities is not all-inclusive. Sheriffs and deputies are responsible for numerous duties and assignments in addition to those listed here.

Is It Sheriff’s Office or Sheriff’s Department? What’s the Difference?

Black’s Law Dictionary defines the terms as:

DEPARTMENT: “One of the major divisions of the executive branch of the government … generally, a branch or division of governmental administration.”

OFFICE: “A right, and correspondent duty, to exercise public trust as an office. A public charge of employment… the most frequent occasions to use the word arise with reference to a duty and power conferred on an individual by the government, and when this is the connection, public office is a usual and more discriminating expression… in the constitutional sense, the term implies an authority to exercise some portion of the sovereign power either in making, executing, or administering the laws.”

A Sheriff’s Office is not a “department” of county government. The functions and operation of an Office of Sheriff are entirely and solely the responsibility of the elected Sheriff. The Sheriff is a statutory/constitutional officer who has exclusive powers and authority under state law and/or state constitution. Therefore, a sheriff’s powers are not subject to the directives and orders of a local county government, whereas the heads of county departments are subordinate to the local administration because each department is a division of county government.

In 1889, Sheriff Joe Perry was sworn in as sheriff in St. Johns County, Florida, and he held the office for 26 years. Perry is the longest serving sheriff in Florida history.

National Sheriffs’ Association

The National Sheriffs’ Association (NSA) officially came into being when the organization filed Articles of Incorporation in 1940. However, over 50 years earlier, in 1888, a group of sheriffs in Minnesota and surrounding states joined together to form the Inter-State Sheriffs’ Association. The NSA today is the result of the early group.

The NSA is involved in and provides resources, various programs, training classes, and courses to support and assist sheriffs, deputies, and others in law enforcement and criminal justice.

As of February 15, 2023, NSA has 13,628 active members.

I am one of those members and have been for many years.

Office of Sheriff, Its Historical Roots

“In England, the sheriff came into existence around the 9th century. This makes the sheriff the oldest continuing, non-military, law enforcement entity in history.

In early England, the land was divided into geographic areas between a few individual kings – these geographic areas were called shires. Within each shire there was an individual called a reeve, which meant guardian. This individual was originally selected by the serfs to be their informal social and governmental leader. The kings observed how influential this individual was within the serf community and soon incorporated that position into the governmental structure. The reeve soon became the King’s appointed representative to protect the King’s interest and act as mediator with people of his particular shire. Through time and usage, the words shire and reeve came together to be shire-reeve, guardian of the shire, and eventually the word sheriff, as we know it today.” – National Sheriffs’ Association

It’s Coming. It’s Unique. And IT IS EXCITING!

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