Homework Responses Wk 5
yellancnigg
RickysPost.docxHey Class,
The Miranda rights are another means of protecting the constitutional rights of the people. When arresting, detaining, and interrogating someone, a public officer of the law must communicate that a person has the right to remain silent, their actions/words can be used against them in court, they have the right to an attorney, and a lawyer can be appointed if the individual can’t afford it. The police must recite the Miranda rights whenever a person is in custody and their freedom is restricted, regardless of location. Failure of law enforcement to comply will likely result in the evidence being inadmissible (Nolo, n.d.).
As of right now, with few exceptions, private security is not upheld to the same standards of protecting constitutional rights as public law enforcement. Unless acting as, with, or in the interest of the government, a private security officer does not have to read off Miranda rights to someone being apprehended or interrogated (Nemeth, 2011). I personally think that private security guards should be held to the same standard. Private security can detain an individual if they have probable cause. I feel as though probable cause can be misinterpreted or abused. This sort of thinking breeds opportunities for the violation of constitutional rights. The grey area concerning their actions being of the government creates too much risk of private security violating the constitutional rights of the people. If the private security officers are not specifically directed by the law, then they should not be allowed to perform searches, seizures, or interrogations.
In the case of Mario Day, he was apprehended, searched, and questioned by private security after the officers witnessed him pull a gun during an altercation. Day filed to have the evidence and statements resulting from the search suppressed due to a violation of constitutional rights, and the suppression was granted (Findlaw, 2010). Again, I believe that private security should not be able to perform certain functions while operating in a grey area. The officers questioned him and he admitted to having drugs. Seeing as they are technically not public law enforcement, asking him that should have been ok with the current legislation.
References: Findlaw. (2010). United States v. Day. Retrieved from
Nemeth, C. (2011, November 30). Private Security and the Law. Retrieved from
https://ebookcentral.proquest.com/lib/apus/reader.action?docID=816162
Nolo. (n.d.). Miranda Rights: What Happens If the police Don’t Read You Your Rights. Retrieved from
https://www.nolo.com/legal-encyclopedia/police-questioning-miranda-warnings-29930.html
