The name and case of Miranda come up all the time, and not just in Arizona either. Although the Miranda case is from a Maricopa County criminal case, the result of the case has had world wide impact. Just the other day, I was watching a British crime procedural, I am not sure which one, and upon arresting the suspect, the English detective read the suspect his rights. The rendition of those rights was very similar to our American Miranda rights that American police read to suspects. But what if the police don't follow the order and procedure like they should, and your lawyer wants to the Court to rule on a Miranda Motion? What does that mean? Does it mean that if the judge agrees with your lawyer, the case is thrown out? No, it doesn't. If the judge agrees with the Miranda Motion, then the judge will keep out the statements that the defendant has made as a result of the Miranda violation, and any evidence that the police obtained as a result of the violation. This is the famous "fruit of the poisonous tree doctrine."
One thing to keep in mind is that voluntariness under the Due Process Clause of the 14th Amendment is different from Miranda Rights, which are found under the 5th Amendment. Voluntariness and Miranda violations are two separate inquiries. State v. Montes. In determining whether a defendant has voluntarily, knowingly, and intelligently waived his rights, the court must assure that the state establishes two factors: First, the relinquishment of the right must have been voluntary in the sense that it was the product of a free and deliberate choice rather than intimidation, coercion, or deception. Second, the waiver must have been made with a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it. (In re Andre M., 207 Ariz. 482)
To satisfy Miranda, the state must show that the defendant understood his Fifth and Sixth Amendment rights and intelligently and knowingly relinquished those rights before any custodial interrogation began. State v. Montes, 136 Ariz. 491.
One very important thing to note is that Miranda violations are only relevant if the police engaged in what is called "custodial interrogation". That is how the police and state get around many obvious Miranda violations by claiming the defendant was "free to leave" and not in police custody.
