NCJ Number
199388
Date Published
March 2003
Length
20 pages
Annotation
This document discusses legal aspects of obtaining a valid waiver of Miranda rights.
Abstract
The case of the United States v. Cristobal is presented to illustrate the importance of obtaining a valid waiver of Miranda rights. In this case, the suspect, Luis Cristobal, gave a full confession of his crimes to police officers while he was in the hospital recuperating from surgery. Before his confession, he was explained his Miranda rights by officers and waived them. After being convicted of his crimes, he appealed the decision, arguing that the “totality of the circumstances” prevented him from voluntarily, knowingly, and intelligently waiving his Miranda rights. The question before the Fourth Circuit Court of Appeals was whether the trial court erred by not suppressing his confession. Under consideration was whether the officers had obtained a valid Miranda waiver from Cristobal. Although the Court ultimately sided with the officers, this case presents a study of how a waiver to Miranda rights should be obtained; that is, voluntarily and with full awareness of the nature of Miranda rights and the consequences of waiving those rights. Also contained in this document is a true or false test with answer key and a description of the most common personality disorders that police officers should be aware of when dealing with the public.