i am da one, da one you call, dont need no gun

But if they use this information to find other evidence, that certainly is. It’s just that what you specifically said, in this case, isn’t admissible in a criminal trial.

In fact, even if they don’t give you this warning when they are about to perform a custodial interrogation, they can still use what they learn in their investigation.

Other than that, giving you the Miranda warning isn’t necessary. The police only need to give you the Miranda warning if they are conducting a custodial interrogation and want the record of that interrogation to be admissible in court. Williams, you are entitled to that counsel “at or after the time that judicial proceedings have been initiated… whether by formal charge, preliminary hearing, indictment, information, or arraignment.”Īs Hollywood depicts, you are also perfectly within your rights to keep your mouth shut, though they don’t actually tend to get it quite correct in the way it’s commonly portrayed. Thanks to the sixth amendment, you are entitled to legal counsel and, as clarified in the Supreme Court ruling in Brewer v. In reality, the number of phone calls you can make varies from as many as you want to zero, depending on the severity and location of your crime and how you act when arrested. It turns out, “You get exactly one phone call when arrested” is a useful, simple plot element, and easier to explain to an audience than, “being arrested is a legal minefield where your rights can vary based on a variety of factors.” As so often happens, the reality of being arrested doesn’t generally reflect what’s depicted on the big screen. Chellie asks: Do people really only have the right to one phone call when put in jail in the United States?īeing arrested is a terrifying and frightening thing with all the horror stories about police abuses of power and other prisoners being absolutely dead-set on making your life miserable in a variety of horrifying ways… at least that’s what the movies have taught us.

I am da one, da one you call, dont need no gun