If anyone encounters a New Mexico police officer, either while being pulled over in a traffic stop or because an officer has knocked on his or her door, etc., the person in question might feel a bit anxious or afraid, which is understandable. If a police officer asks a driver to exit a vehicle, it typically means that the individual is suspected of drunk driving. In such situations, it is important to be aware of one’s rights, particularly those pertaining to searches and seizures or Miranda warning issues.
In fact, many people are misguided in their understanding of Miranda warnings. For instance, some people believe that a police officer cannot arrest a person without first issuing a Miranda warning. This is not true. There are exceptions where a Miranda warning is not required. In circumstances where a Miranda warning is not given, an arrest can still be made statements made by the accused may be ruled inadmissible, and any attempt to prevent the accused from speaking to counsel could result in a dismissal of the charges.
Amendments of the US Constitution that are relevant to Miranda warnings
There are two constitutional amendments that are applicable to issues regarding a Miranda warning. The Fifth Amendment protects people from incriminating themselves in court; it protects the “right to remain silent.” The Sixth Amendment protects a detainee’s right to obtain legal counsel. When a police officer issues a Miranda warning, he or she is adhering to the requirement to inform a detainee of these and other rights and to make sure that the person in question clearly understands what the officer has said.
If evidence documents a violation of the Constitution
If a person has not waived his or her right to a Miranda warning, and there were no exemptions present that would make an arrest lawful without a Miranda warning at the time, any statement a person makes may be inadmissible as evidence if the case goes to trial. This is known as the “exclusionary rule.” Issues regarding the arrest process and personal rights violations can be complex, which is why it is always best to consult a criminal law attorney as soon as possible when New Mexico police have taken a person into custody.