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In March of 1963, Phoenix Police Officer Carroll Cooley arrested Ernesto Miranda. Fifty years later, Miranda warnings are as much a part of policing today as a set of handcuffs. Cooley, a retired captain, talked with POLICE Magazine about the historic arrest. Read the full story here.
Once a custodial suspect has been given Miranda warnings and has acknowledged his understanding, he might waive his rights and submit to questioning, or he might invoke—either by indicating that he doesn't want to talk, or by requesting counsel.
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.
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.
In November, the U.S. Supreme Court issued its 54th decision on a Miranda issue, in a case called Bobby v. Dixon. This is the third decision on the issue of the admissibility of a suspect's statements obtained after a belated warning and waiver.
The decade of the 1960s gave us four of the most significant cases that apply to our daily work: Mapp, Brady, Miranda, and 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.
Given the ever-present risks to your survival, it's important for you to know that in numerous decisions, the U.S. Supreme Court has created special rules to allow you to investigate crimes and apprehend suspects without undue restrictions that jeopardize your safety. Being aware of these cases can help you avoid taking chances you don't have to take.
In J.D.B. v. North Carolina, the Supreme Court didn't really clarify the issue of Mirandizing juveniles. Until further issues are litigated, officers should consult policy advisers to obtain guidelines for Mirandizing and interrogating juvenile suspects.
"Interrogation" has been defined by the Supreme Court to include both direct questioning and its "functional equivalent." What does this term mean? Three Supreme Court cases and numerous decisions from the federal appeals court have considered this question.
The Constitution does not forbid you to talk to a person just because that person has an attorney, or just because the attorney tells you not to do it. Instead, the law focuses on whether the suspect is willing to talk without his or her attorney present.