There is a lot of talk about Miranda warnings right now.   Here are a couple of thoughts on it.  First, the idea of reading the Miranda rights to an individual captured on the battlefield is ridiculous.  I would think that as this story continues to develop we will learn that is not really what is going on.  I suspect that what we will learn is that if an individual is encountered on a foreign battlefield, whom we have reason to believe committed a previous crime on U.S. soil, or was part of a conspiracy to commit a crime on U.S. soil, the FBI will Mirandize that individual.  I'm not trying to endorse this practice by stating it here.  It may be that transporting an individual from Afghanistan to the U.S. to stand trial is a real victory for the accused and a real set-back to stemming terrorism. At any rate, it is an interesting discussion.  

Second, Miranda warnings are somewhat misunderstood here on American soil (or at least in Minnesota).  I am approached by defendants from time to time who say something to the affect of "When I was arrested for DWI the cop never read me my rights, so what about that?"  To which I offer the explanation that Miranda is only an interrogation issue.  If you are arrested, and the officer asks you questions, it triggers Miranda.  The Officer must read you your Miranda rights before he asks you the questions.  If he does not read you Miranda, the statements you give in response to the questions, and any evidence that results from those statements, can be suppressed by the court.  Suppressed meaning that they are no longer available as evidence against you.  Now, back to our DWI offender, most of our local law enforcement here in Otter Tail County do not even bother interrogating you.  The reason for this is that a DWI case rarely turns on what the defendant says.  To prove the crime of DWI the State must prove that the defendant (1) drove a motor vehicle, (2) with an alcohol concentration of .08 or more, and (3) location, date, identity.  In most cases, law enforcement does not need any statements from you to prove any of this.  The Officer will most often be able to testify that he saw you drive (i.e. stopped a car you were driving) and the location, date, and your identity.  The alcohol concentration will come from the analysis of your blood, breath, or urine, which they will take without Miranda.  (This is an simplified example used to make the point.  There are many variations in the DWI law.  Consult an attorney).  Hence, there are many, many, cases where and individual is arrested without being read Miranda and it does not hurt the prosecution.  

Finally, if it is your goal to not talk to law enforcement (and if law enforcement wants to talk to you, its usually a pretty good idea not to talk to law enforcement) you do not need to be read Miranda rights to accomplish that goal.  Just don't talk to them.  This is America.  You are free to talk to, or not talk to, anybody you choose.  You have the right to remain silent long before law enforcement informs you of it.  

Always consult with an attorney if you are accused of a crime.  None of the writings on this site are intended to be a substitute for legal advise of an attorney.   

Reid Brandborg