Miranda Rights In GA
Encounters Between The
Police And Citizens
Encounters between the police and citizens fall into
categories called First Tier Encounters, Second Tier Encounters, and
Third Tier Encounters.
A First Tier Encounter:
is casual contact between a citizen and the
police. This is a purely voluntary encounter and no detention takes
place. Since no detention takes place and you are free to walk away,
this is NOT an arrest.
A Second Tier Encounter:
involves a brief investigative detention of
a citizen by the police. You cannot simply walk away but
investigative detention is NOT an arrest.
A Third Tier Encounter:
is custodial detention of a citizen by
police. This IS an arrest.
In most instances, a person has no doubt
about when he is placed under
arrest. But what happens if the officer never says
"You are under arrest"? The answer is surprisingly simple. Under Georgia law, if
circumstances are such that a
reasonable person would believe that he/she were under arrest, then an
arrest has occurred. If the time of arrest is in dispute, a judge will make the
determination at a pretrial hearing.
When Miranda Rights Are Not Required
Advisement of GA Miranda Rights, also called Miranda Warning, is not required in a First or Second
Tier encounter. Any incriminating statements you make while being
interrogated prior to being placed under arrest are admissible in
Keep in mind that you
are under no legal obligation to talk to the police during a First
or Second Tier encounter.
When Miranda Rights Are Required
Once a person is arrested, advisement of Miranda Rights is required
before the person can be questioned.
If the officer asks you any questions after you are arrested but
before you are advised of your Miranda Rights, any statement you
make would be excluded. If the prosecutor's case rests solely on
this suppressed statement, then your case will most likely be
dismissed. However, in most instances, the prosecutor relies on
evidence other than your incriminating statement.
Miranda Warnings Are
Broader Under Georgia Law
At the federal level,
Miranda Rights apply only to oral or written statements. In
Georgia, Miranda Rights apply not only to statements, but to certain "acts"
also. For example, if someone
is arrested for DUI, then asked to perform field sobriety
evaluations without being Mirandized, the field evaluations would be
someone is arrested, a voluntary or
"spontaneous utterance" is admissible even if no Miranda Warnings
Waycross, Ware County Georgia
Criminal Defense Lawyer