The Case > Initial Proceedings
Initial Attempts to Acquit Miranda Fail
Moore Attempts to have Miranda's Confession Barred from Evidence
At the trial, Cooley is about to testify to Miranda's confession when Alvin Moore objects to the submission of the confession into evidence. Moore claims the confession is inadmissible because Miranda was not informed of his right to remain silent and to have an attorney present, thereby violating Miranda's Fifth Amendment rights.
The Question Moore Poses to the CourtAre people in custody required to be explicitly informed of their Fifth Amendment rights prior to any custodial interrogation?
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Moore: “Did you state to the defendant at any time before he made the statement you are about to answer to, that anything he said would be held against him?"
Cooley: ‘‘No, sir.” Moore: “You didn’t warn him of that?” Cooley: ‘‘No, sir.’’ Moore: “Did you warn him of his rights to an attorney?” Cooley: ‘‘No, sir.” -Credit: Oral Argument of John Flynn on behalf of Ernesto Miranda, Miranda v. Arizona (1966) |
The Court Finds Miranda GuiltyOfficer Cooley is allowed to inform the jury of Miranda's confession. The jury sentences Miranda to 20-30 years of prison on charges of kidnap and rape.
On June 12, 1965, the Arizona Supreme Court upholds the lower court's ruling. |
Carroll Cooley, Arresting Officer in Miranda v. Arizona (1963, Credit: Maricopa Bar Assocation)
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