Question: Does a peace officer violate a suspect’s Fifth Amendment right if the officer does not inform the suspect that anything he says will be used against him in a court of law?
Quick Answer: No, as long as the suspect is told the substance of his constitutional rights, there is no need to issue a
Miranda warning verbatim.
Facts: When defendant Phillip Platt was arrested, the interrogating detective advised him of his
Miranda rights, but he failed to explicitly tell him that any statement he made could be used “against him.” The interrogation was videotaped, and as the detective advised Platt of his
Miranda rights, the detective can be heard saying, “This is the
Miranda card and this says that I warn you I am a police officer. You have the right to remain silent and anything you say can and will be used in a court of law.” Platt filed a motion to suppress statements he made based on a
Miranda violation.
Why this case is important: The court held that the detective’s
Miranda warning was constitutionally sufficient. There is no rigid rule that requires the content of the
Miranda warnings given be the precise language contained in the
Miranda opinion. Here, Platt was informed of the substance of his rights, that any statement he made could be used in a court of law. Platt could have readily inferred that any statement given to the investigators could be used against him.
Keep in mind: It is important that officers give the substance of all the
Miranda rights, but failing to use certain “magic words” don’t give defendants a “Get Out of Jail Free Card.”
Visit the
Twelfth District Court of Appeals website to read the entire opinion.