If you were taken into custody and a police officer advised you that you have, “a right to an attorney,” would you know that applies both before and during questioning? The New Mexico Supreme Court ruled last week that you should. In light of that opinion, KUNM spoke with Megan Dorsey, Santa Fe attorney with Rothstein Donatelli, to break down common misunderstandings of Miranda rights. She said many people’s familiarity comes from shows like Law and Order, which can lead them to believe the rights are a “catch-all” that ensures they know what’s happening throughout the course of an investigation.
MEGAN DORSEY: The reality is, the Miranda case has a significantly more limited scope of application and practice than most people anticipate. A large percentage of my clients believe that there has been some sort of Miranda violation in the course of their case, because they expect officers to inform them of their rights immediately. That is not what's required of them. Miranda only requires the advice of rights once somebody is in a custodial setting, meaning they're not free to leave, and when the officer is choosing to ask questions designed to elicit incriminating information.
KUNM: OK. And that advice of rights, as we know from the Supreme Court decision last week, doesn't necessarily include all of what Miranda entails. So, what are some of the Miranda rights people are often unaware of if they're basing their understanding solely on those Miranda warnings that are verbally delivered by law enforcement?
DORSEY: When officers are required to give Miranda advice, they are not required to give a very detailed description of what your rights are. Essentially, according to this new opinion, all they need to advise somebody is that they have a right to an attorney. They don't have to advise somebody that they had a right to an attorney at every stage of the proceeding that is going on. And also implicit in that right is the right to stop speaking with law enforcement and to choose to ask for an attorney instead. And I think that most people get caught up in this world where they think that, when a law enforcement officer is asking them questions, even when an officer says that you are free to leave, that people feel pressured to stay regardless, and feel that they need to explain themselves in order to avoid a worse outcome. When your constitutional rights say otherwise.
KUNM: If a detective, say, were to call [someone] and say, "Call me back," do they need to?
DORSEY: That's a great question, and that's something that does come up often. I've had many clients who have contacted me saying, "Hey, you know, I've gotten this voice message or a letter or an officer showed up at my mom's house or my work when I wasn't there, asking to speak to me. What do I do?" And I think that the first step for anybody should always be seeking advice of counsel, because it's your right to decide whether to respond at all or not. Most people don't understand that. And it feels very scary, especially because officers are not obligated to be 100% truthful with you. They can be vague in describing what it is they're investigating, and they can even lie to you to gain information. So, they often will say things like, "I don't think this situation is that serious," "I just want to hear your side of the story," [or] "If you explain to me what happened, things might go better for you," and that may or may not be true when they're saying it. And so, it is always a good idea to get an attorney and to make sure that you know what is going to happen before you decide to give information.
KUNM: And beyond getting legal representation, what you're describing is quite complex. It's nuanced. How can the public become more empowered to stand up for their Miranda rights?
DORSEY: The reality is that the information is out there, but it is challenging to understand and just a plain reading of the Constitution or of the New Mexico statutes are not going to make it clear to the average New Mexican exactly what their rights are. So, doing your research and talking to people who are knowledgeable in the area is a great way to start, and there are also lots of materials available through different organizations that promote constitutional rights, such as the ACLU, the Law Office of the Public Defender, and there are also lots of resources on the internet.
Megan Dorsey works for the law firm Rothstein Donatelli, which is a financial supporter of KUNM.
