Generally, all attorneys and most laypeople are familiar with the Miranda warnings. “You have the right to remain silent… You have the right to an attorney…” and so on. On TV shows, a defendant might avoid prosecution because the police neglected to give him a proper Miranda warning. In real life, though, the issues are often less black-and-white. What if the police question you, then give you a Miranda warning, and then re-question you about the incriminating statements you made before the warning? These types of non-clear-cut situations point to the importance of making sure you have a knowledgeable Maryland criminal defense attorney on your side to make sure that your constitutional rights are fully protected in your case.
A recent case from Anne Arundel County demonstrated how the timing of a Miranda warning can make a big difference. The events leading up to the trial started with the police executing a search warrant at a residence where Aundrey lived. Aundrey was also a subject of the police investigation, but he wasn’t at the home. Officers stopped him a short time later driving on a nearby road. The police asked him several questions and eventually took him back to the home.
Back at the residence, officers placed Aundrey, his mother, and a sister on a couch and gave them all Miranda warnings. The officers continued their search of the house, finding drugs, drug paraphernalia, and a gun contained in a safe. The officers found these items because Aundrey told them he had a gun he was holding for a friend, and he also had some marijuana.