The U.S. Court of Appeals for the Fifth Circuit recently ruled that a suspect handcuffed and standing outside of a police car for 15 minutes, on a “dark street,” in the middle of the night is not entitled to be informed of his constitutional right to an attorney and his right to not answer questions. More compelling is the fact that five of 12 circuit courts agree with this interpretation of a fundamental constitutional protection.

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, 384 U.S. 436 (1966), that police officers are required to inform a suspect that he has the right to remain silent and the right to legal counsel when being subject to a custodial interrogation.