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Posts tagged "right to remain silent"

Can You Lie To The Police?

Can you lie to the police? No. You have the right to remain silent, not to lie, especially if that lie is designed to mislead the police. Then, the lie is considered obstruction of justice or obstruction of official business.   Obstructing justice is defined in Ohio Revised Code 2921.32 (R.C. 2921.32). It is a crime to attempt to hinder the discovery, apprehension, conviction or punishment of a person who has committed a crime. This can include lying or misleading the police, harboring or hiding the accused person, or helping the accused person evade the police. It can also include the use of bribery or intimidation. If the crime committed by the person aided is a misdemeanor, obstructing justice is a misdemeanor of the same degree. For example, if the aided person committed assault, a first degree misdemeanor, obstructing justice would be a first degree misdemeanor. If the crime committed by the person aided is a third, fourth or fifth degree felony, other potential penalties are specified under R.C. 2921.32.   Obstructing official business is defined in Ohio Revised Code 2921.31 (R.C. 2921.31), making it illegal to prevent, obstruct or delay a police officer or other public official in the performance of his or her official duties. (more…)

Can A Person Waive The Right To Remain Silent?

Can a person waive the right to remain silent?  The Fifth Amendment to the United States Constitution guarantees the right to remain silent, often referred to as “pleading the fifth.”  Ohio also guarantees this right in Article 1, Section 10 of the Ohio Constitution.   In the United States Supreme Court’s landmark decision in Miranda v. Arizona, 384 U.S. 436 (1966), the court said that the following warnings must be given prior to a custodial interrogation:   (more…)

Miranda Warnings

Before the police can question someone who is in custody, they must give Miranda warnings, which are:

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney.  If you cannot afford an attorney, one will be appointed to you.

Failure to comply with this requirement can result in suppression of evidence after the filing of a motion to suppress. The United States Supreme Court, in Miranda v. Arizona, 384 U.S. 436 (1966), said that the warnings must be given “when an individual is taken into custody or otherwise deprived of his freedom by the authorities in any significant way, and is subjected to questioning, the privilege against self-incrimination is jeopardized.  Procedural safeguards must be employed to protect the privilege.” (more…)