Law Office of Mark Rosenfeld - May/June 2020

WITH THESE TECH GIFTS FOR GRADS SAY CONGRATULATIONS

Spring is all about new beginnings, and for many, graduation is just the start of something big. Whether your favorite graduate is heading off to college, serve in our nation’s military, or join the workforce, there’s a gadget out there that will give them a great start — or at least make you their favorite relative. Check out this guide to find the perfect tech gift.

FOR THE AUDIO LOVER

relief would certainly love a Disney+ subscription, but if you know someone who has an affinity for the dramatic sagas, a subscription to HBO Now could satisfy their cravings. Hulu + Live TV can also be a great alternative for a grad who is out of the house! The best part is that this gift keeps on giving with every movie or show they stream.

From wireless headphones that surround you with sound to Bluetooth speakers that offer crystal-clear quality, the options are endless when it comes to choosing an audio device. But before purchasing the “next best thing,” consider the person who will use it. If your graduate exercises frequently, they may want wireless headphones like Apple’s AirPods or one of the many Samsung varieties. On the flip side, if they enjoy action movies, a great sound bar for their entertainment system just might do the trick.

FOR THE ACADEMIC

This May will mark the start of a new academic adventure for many. AI systems like the Amazon Alexa and Google Home can make staying in touch and studying easier, while an e-reader could house all their textbooks in one handy place. Laptop cases, screen covers, and other protective gear can keep their technology safe from wear and tear. (After all, what college kid can afford a new laptop on a whim?) Charging stations and cord organizers can also protect their tech and keep their space clean.

FOR THE STREAMER

There’s no shortage of streaming services, and depending on what your graduate enjoys watching, you may consider gifting them a subscription. Nostalgic Disney lovers looking for some stress

THE MIRANDA RIGHTS MYTH

taken into custody or arrested, which is often the case at the time when most, if not all, of the DUI investigation is taking place. Will My Case Be Dismissed if I’m Not Read My Miranda Rights? Being pulled over is not the same as being arrested, so suspects in this situation wouldn't be read Miranda rights at this point and the officer can ask whatever questions they want. Furthermore, when an officer asks a suspect to get out of their car and perform field sobriety tests, if the suspect does so voluntarily and they are not arrested, Miranda does not apply. If a suspect is arrested and there is a subsequent interrogation or questioning, Miranda would apply. However, at this point most police officers have completed their investigation, save for a breath or a blood test. All the questions about where the driver was coming from or going to and what they had to eat or drink have all likely been asked and answered prior to the arrest. Following an arrest, an officer's only remaining task is to have the suspect tested, either by breath, blood, or urine. The driver is obligated, in most situations, to give a chemical test or they’ll suffer consequences at the Department of Motor Vehicles, in addition to possible consequences in court. Although Miranda is important and can come into play in some DUI situations, it’s not going to be a significant factor most of the time.

“If a police officer arrested me without reading me my Miranda rights, will my case be

dismissed?” This common question has a complicated answer. Most people are familiar with the Miranda warning, a notification police may give to a suspect to remind them of their right to silence. However, people usually don’t know the specific circumstances

under which Miranda rights must be read to suspects: the suspect being arrested, taken into custody, and interrogated, or questioned, by the officer about what’s going on. Being in custody and interrogated would trigger an officer to give a suspect their Miranda rights. Many people also waive their Miranda rights whether they are explicitly read to them or not. However, DUI cases are unique because officers are often not required to read Miranda rights to suspects when they have not been

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