Ernesto Miranda

_ERNESTO-MIRANDA

NAMESAKE OF POLICE WARNING TO ARRESTED SUSPECTS

∗ Born March 9, 1941, in Mesa

∗ Was in trouble most of his life: first arrest in eighth grade; served two stints in reform school (Arizona State Industrial School for Boys); jailed in several states; charges included burglary, armed robbery, sexual assault; dishonorably discharged from the Army

∗ Worked off and on as warehouseman and driver at United Produce, 3rd and Madison streets in downtown Phoenix

∗ Arrested March 13, 1963; charged with abducting a woman near 7th Street and Bethany Home Road in Phoenix, and driving her to a desert area near 20th Street and Bethany where he raped her

∗ Was told by police that victim positively identified him in lineup (which was untrue) and subsequently confessed

∗ Arraigned more than a month later and attorney Alvin Moore appointed to represent him; Moore objected to confession saying Miranda wasn’t aware of his Fifth Amendment right against self-incrimination

∗ Convicted June 10, 1963 in Maricopa County Superior Court; appealed to Arizona Supreme Court Justice Ernest McFarland, who affirmed the decision

∗ Appealed to the U.S. Supreme Court, which in June 1966 overturned the conviction and ordered a new trial; Chief Justice Earl Warren wrote:

“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.”

∗ Re-tried in 1967 without the confession as evidence; found guilty again and sentenced to prison; paroled in 1972

∗ Made money by autographing for $1.50 apiece “Miranda Warning cards” that police officers carry and read to those arrested

∗ Died January 31, 1976 from a knife wound during a fight at La Amapola bar at Jackson and Second streets in the infamous “Duece” skid row area (now demolished) in downtown Phoenix

∗ Buried in Mesa City Cemetery

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