Are Miranda Rights Nearly Dead in 2015?
Police officers are trained to engage people in conversation and obtain information before and after an arrest, and the timing of the arrest is very likely the reason why some folks think Miranda is dead. When folks make voluntary statements prior to arrest, Miranda doesn’t apply and they can be used against them, so the timing of the statements made to the officer, the nature of the contact and several other factors are important in determining whether a Miranda warning was necessary or not.
The other reason people may think this is because they say things they shouldn’t on social media, and such statements are used against their interest in criminal investigations, without having been given a Miranda warning. However, of someone makes statements or admissions of criminal behavior or intent to commit crimes and they post it publicly, there is no requirement to have been given a Miranda warning. Miranda doesn’t apply to statements made before arrest or being placed in custody, in any case.