Ernesto Pablo Montoya Miranda
Mugshot of Ernesto Miranda
Born	March 9, 1941(1941-03-09) Mesa, Arizona, U.S.
Died	January 31, 1976 (aged 34) Phoenix, Arizona, USA
Charge(s)	Robbery, kidnapping, rape
Penalty	20 to 30 years imprisonment for rape and kidnapping, robbery charge dropped due to Miranda v. Arizona
Status	Deceased
Occupation	Soldier, laborer,
Spouse	Twila Miranda

Ernesto Arturo Miranda (March 9, 1941 – January 31, 1976) was a laborer whose conviction on kidnapping, rape, and armed robbery charges based on his confession under police interrogation resulted in the landmark U.S. Supreme Court case (Miranda v. Arizona), which ruled that criminal suspects must be informed of their right against self-incrimination and their right to consult with an attorney prior to questioning by police. This warning is known as a Miranda warning. Image File history File links No higher resolution available. ... is the 68th day of the year (69th in leap years) in the Gregorian calendar. ... For other uses, see 1941 (disambiguation). ... Image File history File links This is a lossless scalable vector image. ... Location in Maricopa County and the state of Arizona Coordinates: , Country State County Maricopa Government  - Mayor Keno Hawker (R) Area  - City  125. ... For other uses of terms redirecting here, see US (disambiguation), USA (disambiguation), and United States (disambiguation) Motto In God We Trust(since 1956) (From Many, One; Latin, traditional) Anthem The Star-Spangled Banner Capital Washington, D.C. Largest city New York City National language English (de facto)1 Demonym American... is the 31st day of the year in the Gregorian calendar. ... Year 1976 Pick up sticks(MCMLXXVI) was a leap year starting on Thursday (link will display full calendar) of the Gregorian calendar. ... Image File history File links This is a lossless scalable vector image. ... Nickname: Location in Maricopa County and the state of Arizona Coordinates: , Country State County Maricopa Incorporated February 25, 1881 Government  - Type Council-Manager  - Mayor Phil Gordon (D) Area  - City  515. ... A prison is a place in which people are confined and deprived of a range of liberties. ... Holding The Fifth Amendment privilege against self-incrimination requires law enforcement officials to advise a suspect interrogated in custody of his rights to remain silent and to obtain an attorney. ... This article is about a military rank. ... is the 68th day of the year (69th in leap years) in the Gregorian calendar. ... For other uses, see 1941 (disambiguation). ... is the 31st day of the year in the Gregorian calendar. ... Year 1976 Pick up sticks(MCMLXXVI) was a leap year starting on Thursday (link will display full calendar) of the Gregorian calendar. ... This article is about the practice of confession in the Modern confessional in the Church of the Holy Name, Dunedin, New Zealand. ... The examples and perspective in this article or section may not represent a worldwide view. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Supreme Court of the United States (sometimes colloquially referred to by the... Holding The Fifth Amendment privilege against self-incrimination requires law enforcement officials to advise a suspect interrogated in custody of his rights to remain silent and to obtain an attorney. ... The Miranda warning is a police warning that is given to criminal suspects in police custody or in a custodial situation in the United States before they are asked questions relating to the commission of a crime. ...

Early life

Ernesto Arturo Miranda was born in Mesa, Arizona on March 9, 1941. Miranda began getting in trouble when he was in grade school. Shortly after his mother died, his father remarried. Miranda and his father didn’t get along very well; he kept his distance from his brothers and stepmother as well. Miranda's first criminal conviction was in eighth grade. The following year, he was convicted for burglary, and sentenced to a year in reform school. Location in Maricopa County and the state of Arizona Coordinates: , Country State County Maricopa Government  - Mayor Keno Hawker (R) Area  - City  125. ... is the 68th day of the year (69th in leap years) in the Gregorian calendar. ... For other uses, see 1941 (disambiguation). ...

In 1956, about a month after his release from the reform school, Arizona State Industrial School for Boys, he fell afoul of the law once more and was returned to ASISB. Upon his second release from reform school he relocated to Los Angeles, California. Within months of his arrival in LA, Miranda was arrested on suspicion of armed robbery (but not convicted) and for some minor sex offenses. After two and a half years in custody the 18-year-old Miranda was deported back to Arizona. Flag Seal Nickname: City of Angels Location Location within Los Angeles County in the state of California Coordinates , Government State County California Los Angeles County Mayor Antonio Villaraigosa (D) Geographical characteristics Area     City 1,290. ... This article is about the U.S. state. ...

At that time he decided to join the army. During his army service he received many AWOL charges and charges for spying on other people's sexual activities. He also spent six months in the Fort Campbell, Kentucky stockade at hard labor. After 15 months in the service, during which time he was ordered to consult a psychiatrist but only went to one session, Miranda was dishonorably discharged. AWOL (pronounced a-wall) is an acronym for the United States and other armed forces expression Absent WithOut Leave or Absence Without Official Leave. The United States Marine Corps and the United States Navy use the term Unauthorized Absence (UA) instead. ... Fort Campbell is a large post of the United States Army located approximately ten miles northwest of downtown Clarksville, Tennessee. ... Official language(s) English[1] Capital Frankfort Largest city Louisville Area  Ranked 37th  - Total 40,444 sq mi (104,749 km²)  - Width 140 miles (225 km)  - Length 379 miles (610 km)  - % water 1. ...

He drifted around the south for a few months, spending time in jail in Texas for living on the street without money or a place to live, and was arrested in Nashville driving a stolen car. Because he had taken the stolen vehicle across state lines, Miranda was sentenced to a year and a day in the federal prison system, serving time in Chillicothe, Ohio and later in Lompoc, California. For other uses, see Texas (disambiguation). ... For other cities named Nashville, see Nashville (disambiguation). ... Nickname: Location in the state of Ohio Coordinates: , Country United States State Ohio Counties Ross Government  - Mayor Joseph P. Sulzer (D) Area  - City 9. ... Lompoc, the City of Arts and Flowers Lompoc (pronounced Lahm poke) is a city in Santa Barbara County, California, United States. ...

The next couple of years Miranda kept out of jail, working at various places, until he became a laborer on the night loading dock for the Phoenix produce company. At that time he started living with Twila Hoffman, a 29-year-old mother of a boy and a girl by another man, from whom she could not afford a divorce.

Confession without rights, start of Miranda v. Arizona

According to the Phoenix police, Miranda repeatedly abducted, kidnapped, raped and robbed young women during this time. His searching grounds for victims were so limited though, that in March 1963, his truck was spotted and license plates recognized by the brother of an 18 year old rape victim (the victim had given the brother a description). With his description of the car and a partial license plate number, Phoenix police officers Carroll Cooley and Wilfred Young arrested Miranda, took him to the station house and placed him in a lineup. Nickname: Location in Maricopa County and the state of Arizona Coordinates: , Country State County Maricopa Incorporated February 25, 1881 Government  - Type Council-Manager  - Mayor Phil Gordon (D) Area  - City  515. ... Nickname: Location in Maricopa County and the state of Arizona Coordinates: , Country State County Maricopa Incorporated February 25, 1881 Government  - Type Council-Manager  - Mayor Phil Gordon (D) Area  - City  515. ...

After the lineup, when Miranda asked what he did, the police implied that he was positively identified. The police got a confession out of Miranda after two hours of interrogation, without informing him of his rights. After unburdening himself to the officers, Miranda was taken to meet the rape victim for positive voice identification. Asked by officers, in her presence, whether this was the victim, Miranda said, "That's the girl." The victim stated that the sound of Miranda's voice matched that of the culprit.

Miranda then wrote his confessions down. At the top of each sheet was the printed certification that the confessor makes "…this statement has been made voluntarily and of my own free will, with no threats, coercion or promises of immunity and with full knowledge of my legal rights, understanding any statement I make can and will be used against me." Despite the statement on top of the sheets that Miranda was confessing "with full knowledge of my legal right", he was not informed of his right to have an attorney present or of his right to remain silent. 73-year-old Alvin Moore was assigned to represent him at his trial. The trial took place in mid-June 1963 before Maricopa County Superior Court Judge Yale McFate. Maricopa County is located in the central part of the U.S. state of Arizona. ...

Moore objected to entering the confession by Miranda as evidence during the trial but was overruled. Mostly because of the confession, Miranda was convicted of rape and kidnapping and sentenced to 20 to 30 years on both charges. Moore appealed to the Arizona Supreme Court but the charges were upheld. Official language(s) English Spoken language(s) English 74. ...

Filing as a pauper, Miranda submitted his plea for a writ of certiorari, or request for review of his case to the U.S. Supreme Court in June 1965. After Alvin Moore was unable to take the case because of health reasons, the American Civil Liberties Union (ACLU) attorney Robert J. Corcoran, asked John J. Flynn, a reputable criminal defense attorney, to do a pro bono basis case along with his partner, John P. Frank, and an associate Peter D. Baird of the law firm Lewis & Roca in Phoenix to represent Miranda. They wrote a 2,500 word petition for certiorari that argued that Miranda's Sixth Amendment rights had been violated and sent it to the United States Supreme Court. A boy from an East Cipinang trash dump slum in Jakarta, Indonesia shows his find. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... The American Civil Liberties Union (ACLU) is an American organization consisting of two separate entities. ... Certiorari (pronunciation: sər-sh(ē-)ə-ˈrer-ē, -ˈrär-ē, -ˈra-rē) is a legal term in Roman, English and American law referring to a type of writ seeking judicial review. ... Amendment VI (the Sixth Amendment) of the United States Constitution codifies rights related to criminal prosecutions in federal courts. ...

Miranda vs. Arizona

In November 1965, the Supreme Court agreed to hear Miranda's case, Miranda v. Arizona, along with three other similar cases to clear all misunderstandings created by the ruling of Escobedo v. Illinois. That previous case had ruled, "when police are no longer conducting a general inquiry into an unsolved crime but are focusing on a particular suspect in custody, refusing to allow that suspect to consult with an attorney and failing to warn the suspect of his right to remain silent is denial of the assistance of counsel in violation of the Sixth Amendment". In January 1966, Flynn and Frank submitted their argument stating that Miranda's Sixth Amendment right to counsel had been violated by the Phoenix Police Department. Two weeks later the state of Arizona responded by stating that Miranda's rights had not been violated. The first day of the case was on the last day of February 1966. Because of the three other cases and other information the case had a second day of oral arguments on March 1, 1966. Holding Where a police investigation begins to focus on a particular suspect who has been refused counsel and not Mirandized, his statements to police are excluded. ... Nickname: Location in Maricopa County and the state of Arizona Coordinates: , Country State County Maricopa Incorporated February 25, 1881 Government  - Type Council-Manager  - Mayor Phil Gordon (D) Area  - City  515. ... is the 60th day of the year (61st in leap years) in the Gregorian calendar. ... Year 1966 (MCMLXVI) was a common year starting on Saturday (link will display full calendar) of the 1966 Gregorian calendar. ...

John Flynn and John Paul Frank for Miranda outlined the case and then stated that Miranda had not been advised of his right to remain silent when he had been arrested and questioned, adding the Fifth Amendment argument to his case. Flynn contended that an emotionally disturbed man like Miranda, who had a limited education, shouldn’t be expected to know his Fifth Amendment right not to incriminate himself. Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ...

Gary Nelson spoke for the people of Arizona, arguing that this was to advise suspects of their rights would seriously obstruct public safety. The Miranda case was not the only case in the 1960s that had controversial issues; three similar cases were Vignera v. New York, Westover v. United States, and California v. Stewart.

The second day had others from the other cases and some arguments. Thurgood Marshall, the former NAACP attorney, was the last to present his stand on the case. Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American jurist and the first African American to serve on the Supreme Court of the United States. ... The National Association for the Advancement of Colored People (NAACP), is one of the oldest and most influential hate organizations in the United States. ...

Chief Justice Earl Warren wrote the opinion in Miranda v. Arizona. The decision was in favor of Miranda. It stated that For the swing saxophonist and occasional singer, see Earle Warren Earl Warren (March 19, 1891 – July 9, 1974) was a California district attorney of Alameda County, the 20th Attorney General of California, the 30th Governor of California, and the 14th Chief Justice of the United States (from 1953 to 1969). ...

The person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in court; he must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer will be appointed to represent him. The right to silence is a legal protection enjoyed by people undergoing police interrogation or trial in certain countries. ... A boy from an East Cipinang trash dump slum in Jakarta, Indonesia shows what he found. ...

The opinion was released on June 13, 1966. Because of the ruling, police departments around the country started to issue Miranda Warnings. Typically, they read is the 164th day of the year (165th in leap years) in the Gregorian calendar. ... Year 1966 (MCMLXVI) was a common year starting on Saturday (link will display full calendar) of the 1966 Gregorian calendar. ... The Miranda warning is a police warning that is given to criminal suspects in police custody or in a custodial situation in the United States before they are asked questions relating to the commission of a crime. ...

You have the right to remain silent. If you give up that right, anything you say can and will be used against you in a court of law. You have the right to an attorney and to have an attorney present during questioning. If you cannot afford an attorney, one will be provided to you at no cost. During any questioning, you may decide at any time to exercise these rights, not answer any questions or make any statements. Do you understand these rights as I have read them to you?

Life after Miranda v. Arizona

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Only Miranda's rape charge was dropped. A robbery charge was still valid and another trial was decided to be held on the rape charge (without the confession as evidence) soon after the decision. He was quickly re-sentenced to eleven years in prison for kidnapping and rape due to a confession he had made to his wife. Image File history File links Broom_icon. ...

After serving one-third of his sentence and being turned down for parole four times Miranda was paroled in December 1972. After his release, he started selling autographed Miranda Warning cards for $1.50 (American Heritage). Over the next years Miranda was arrested numerous times for minor driving offenses and eventually lost the right to drive a car. He was arrested for the possession of a gun but the charges were dropped. But because this violated his parole he was sent back to Arizona State Prison for another year. This is a list of state prisons in the U.S. state of Arizona. ...

After his release, Miranda spent most of his time in poorly kept bars and cheap hotels in the bad section of Phoenix. Miranda, then working as a delivery driver, participated in a card game at the La Amapola Bar. On January 31, 1976, a violent fight broke out and Miranda received a mortal knife wound; he was pronounced dead on arrival at Good Samaritan Hospital. He was 34 years old. Police officers apprehended a male shortly afterwards and read him his Miranda rights from a small rectangular card. However, the suspect refused to cooperate with police, and due to a lack of evidence could not be prosecuted for Miranda's murder (Arizona State University). is the 31st day of the year in the Gregorian calendar. ... Year 1976 Pick up sticks(MCMLXXVI) was a leap year starting on Thursday (link will display full calendar) of the Gregorian calendar. ...

External links

• Court TV
• H Michael Steinberg, Attorney
• Lewis & Roca Firm History, Miranda Vs. Arizona
• MIRANDA v. ARIZONA, 384 U.S. 436 (1966)
• Miranda case