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I believe written waivers should be mandatory at this point, in order to alleviate any confusion as to whether or not the suspect was actually presented with Miranda at all. Even more beneficial is a videotape or audio tape of the waiver being read and the subject verbally articulating they understand their rights. I do believe comprehension of Miranda is properly assessed in most cases by the Officer and most suspects are already aware of their rights. However, with the influx of illegal immigrants and seasonal migrant workers into this nation, Law Enforcement has been forced to take a more remedial approach in explaining one's rights. Whereas an Officer could once read Miranda verbatim, there is often a more detailed and lengthy explanation of those rights afforded to the suspect. In cases where the suspect has strong English skills, it is still imperative the Officer read and cover Miranda in the same fashion, as it will most likely be challenged in a defense motion to suppress the suspect's confession or any statements made after the Miranda was issued.

With a videotaped copy, written waiver signed and full disclosure by the suspect regardless, a defense attorney will have a hard time influencing a judge to suppress those statements. Their tactic will most likely switch to the Probable Cause for the arrest in the first place, as opposed to any evidence gained afterwards.

Miranda is required to be audio taped in MN. I think notifying a suspect, verbally, of his Miranda rights is good enough. There are too many suspects that become stubborn, not because they wouldn't answer any questions, but because they just don't want to sign anything.

for example: I've known plenty that refuse to sign...even after being told that this is just a notice of trespass, not an agreement of the contents.

Anytime the guy is in custody and being questioned/giving a statement, make sure you give Miranda.  I have had DUI statements tossed because the cop forgot to Mirandize.  If you can get it in writing, great.  In MN, always tape it if possible.  If you have a signed document or a tape, the defense can't muddy the waters by saying that he wasn't mirandized or didn't understand his rights. 

I think most departments have the policy of having the bad guy sign a written miranda, is to get all officers to do it the same way.  Some DA offices like this method.  I don't care for it.  More paper.  Just what we need is more forms and paperwork.  If the Court cannot accept my word that I read the suspect or arrestee the miranda, they can feel free to dump the case.  I always put the exact words I read the subject in my police report.  There is no exact required wording for the miranda warning as long as you meet the requirements handed down by the supreme court.  You can word it any way you want to.  Most departments like to standardize the miranda warning and waiver.

I always have them sign a Miranda Sheet.  Here in NYC juries take the word of a murder over that of an NYPD officer, so it is always best to get it in writing.

JIMROC says ...

huslmoc says ...

Anytime the guy is in custody and being questioned/giving a statement, make sure you give Miranda.  I have had DUI statements tossed because the cop forgot to Mirandize.  If you can get it in writing, great.  In MN, always tape it if possible.  If you have a signed document or a tape, the defense can't muddy the waters by saying that he wasn't mirandized or didn't understand his rights. 

A DUI is an arrest, not a traffic infraction.  In Colorado it is a misdemeanor crime.  Therefore, if you arrest and question the driver, Miranda applies.

JIMROC is right, a DUI is an arrest.  I think I may have caused confusion with my last post.  Roadside questioning (have you been drinking, where are you going,) that is a part of all DUI stops is admissable 99% of the time.  The statements I have lost due to a lack of Miranda were taken in the station, after arrest and testing, when the Officer was getting more information about the defendant's drinking and driving conduct.  The defendant was in custody, not free to leave, being questioned and so- Miranda has to be used.  I wish courts would acccept the word of an Officer that they gave Miranda.  However, too many courts are not willing to do that.   I know more steps and paperwork are a pain, but they help to solidify the case.  I love it when I can show a defense attorney his drunk client on video tape.

I think  that most anyone who can breathe on their own is aware of their Miranda rights...it's almost moot to have to instruct someone in their rights at this point. Heck, even my kids have watched enough Law and Order to know what their Miranda rights are. It's just a shame that criminals will use the excuse that they didn't understand or weren't instructed to get out of a crime....