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1,421 Results
Patrol
Lawyers and Miranda Warnings: Either/Or?
It sometimes happens that a suspect's lawyer offers to surrender him for arrest and agrees to let his or her client be questioned, provided the lawyer is present during the interrogation.
September 6, 2012
Patrol
How To Handle Lawyers and Miranda Warnings
Are warnings necessary during a lawyer's presence?
June 4, 2018
Patrol
How To Handle Lawyers and Miranda Warnings
POLICE
Are Miranda warnings necessary during a lawyer's presence?
June 1, 2018
Point of Law
Supreme Court Rules Officers Can’t be Sued for Miranda Violations
Justice Samuel Alito wrote in his majority opinion that “a violation of Miranda is not itself a violation of the Fifth Amendment” and “we see no justification for expanding Miranda to confer a right to sue” under the federal law known as Section 1983.
June 24, 2022
Patrol
Massiah Vs. Miranda
Miranda, Miranda, Miranda. Sometimes, we spend so much time on this one aspect of interrogation law that we tend to forget there are three other constitutional tests of admissibility of a suspect's statement.
March 31, 2004
Technology
App Review: Spanish for Police
Exact Magic Software's Spanish for Police provides Spanish commands and questions organized in basic law enforcement categories such as Officer Safety, Arrests; Searching Suspects; Miranda Warning; DUI/HGN and others.
April 12, 2011
Patrol
Setting Up Talks
One of the most troublesome legal issues in law enforcement is the question of when an officer may resume discussions with a suspect after some kind of Miranda "history" has occurred. The answer is, "It all depends."
October 31, 2007
Technology
New Law to Add Immigration Duties for Arizona Cops
A new Arizona law allows the state to charge a person with felony human smuggling, formerly only a federal charge. Now Arizona law enforcement officers will be expected to take over some of the duties reserved for federal officers in the past, without any additional funding for local law enforcement.
March 17, 2005
Patrol
Right to Counsel
Law enforcement officers are quite familiar with the court-created "right" to counsel established by the
Miranda
opinion, to protect the Fifth Amendment trial privilege against compelled self-incrimination. But it applies only during police custodial interrogation.
January 31, 2006
Patrol
Four Famous Cases
The decade of the 1960s gave us four of the most significant cases that apply to our daily work:Â
Mapp, Brady, Miranda,Â
andÂ
Terry.
 These four are among the most prominent criminal law cases you should know more about to understand how we got to where we are.
December 1, 2011
Patrol
Resumption of Questioning
Once a custodial suspect has been given Miranda warnings, there are three basic options he can choose to exercise: (1) waive his rights and agree to talk, (2) invoke his right to remain silent, or (3) invoke his right to counsel. The suspect’s response determines whether, and under what circumstances, he can later be re-approached by law enforcement officers to obtain an admissible statement.
June 30, 2005
Technology
4 Useful Law Enforcement Apps
As smartphones and other mobile devices become more prevalent in law enforcement, officers search for reference apps that quickly bring actionable information to the field.
June 9, 2013
Patrol
Exclusive: What the Supreme Court's New Miranda Decision Means to You
This significant new decision firmly establishes that once a suspect has received the Miranda warnings and indicates that he understands his rights, officers are not required to ask whether he wishes to waive or invoke but may simply start asking questions about the case.
June 2, 2010
Patrol
California Legislature's U-Turn On Law and Order
The California Constitution was amended in 1982 to bring evidence suppression limits in line with the U.S. Constitution. The present legislature has begun a concerted back door effort to undo the state's requirement to follow the federal exclusionary rule.
June 12, 2012
Technology
Nine Must-Have Apps for Law Enforcement
From being able to securely communicate with other officers to identifying hazardous material, these nine apps below will save officers time, resources, and lives.
September 25, 2017
Patrol
Demystifying Miranda
One of the most blatant mistakes entertainers insist on perpetuating is the notion that Miranda warnings have to be given immediately upon the suspect being hooked up.
June 30, 2003
Patrol
Miranda Wording
When custodial interrogation is imminent and it's time to give the suspect a Miranda warning, what exactly do you have to say? The answer is, nothing exactly. The U.S. Supreme Court, which created the necessity of a warning of rights and a waiver as prerequisites to the prosecutorial use of a statement obtained through custodial interrogation, has never held that any precise wording is required.
September 30, 2006
Patrol
Miranda: When Custody Isn't "Custody"
Of the 55 subsequent Supreme Court opinions on Miranda issues, 14 have involved attempts to clarify the meaning of "custody," and in 12 of those 14, the Supreme Court reversed the decisions of state and federal appellate courts, which got it wrong.
April 3, 2012
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