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Search Result: Miranda Law

Displaying 21  -  40  of  54

SCOTUS: Miranda Warning Not Required for Inmate Questioned About Other Crime

February 21, 2012
The U.S. Supreme Court has ruled against a Michigan inmate who contended he should have received a Miranda warning before being interrogated in a prison conference room about sexual conduct with a 12-year-old boy.

Drawing Lines Around Miranda

February 13, 2012

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.

Four Famous Cases

December 2, 2011

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.

Accent on Officer Safety

September 20, 2011

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.

Juveniles and Miranda "Custody"

August 1, 2011

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.

SCOTUS Expands Miranda Rights for Juveniles

June 16, 2011
The U.S. Supreme Court has expanded Miranda rights for juveniles, issuing a 5-4 decision stemming from a case involving North Carolina officers who had questioned a 13-year-old.

'Functional Equivalent' of Miranda Questions

May 11, 2011

"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.

'Don't Talk To My Client!'

February 7, 2011

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.

Miranda Invocation and Waiver

August 10, 2010

If a suspect wants to assert either his right to counsel or his right to silence, it is up to him to do so, unequivocally and unambiguously.

Exclusive: What the Supreme Court's New Miranda Decision Means to You

June 2, 2010
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.

Supreme Court Votes 5-4 to Loosen Miranda Rules

June 1, 2010
The court said the suspect had the duty to invoke his rights. If he failed to do so, his later words could be used to convict him, the justices said.

How It All Began: Miranda v. Arizona

May 11, 2010

The genesis of the Miranda warnings can be traced to March 13, 1963, when Ernesto Arturo Miranda was arrested by officers of the Phoenix Police Department for stealing $4 from a bank worker and for the kidnap and rape of another woman.

Miranda Warning Issues

May 11, 2010

Miranda warnings are triggered by a simple formula: Custody + Interrogation = The requirement for Miranda warnings. A motorist is not in "custody" for Miranda purposes when he or she is detained for an ordinary traffic stop.

Rewriting the Edwards Rule

May 7, 2010

The Edwards rule applies to all officers and all cases - not just to the case on which the suspect invoked the right to counsel.

Miranda Wording

April 1, 2010

One indication of the enduring misunderstanding of the Miranda jurisprudence is the fact that after 44 years, state and federal courts continue to litigate the adequacy of dozens of variations of the particular wording used by officers - and continue to get reversed by the Supreme Court.

Supreme Court Validates Tampa PD's Miranda Warning

February 23, 2010
Kevin Dewayne Powell, who was arrested in August 2004 on a charge of being a felon in possession of a firearm, informed officers he possessed a handgun, after police recited their standard Miranda warning to him.

Premature Miranda Warnings

December 14, 2009

Give Miranda warnings just before commencement of apparent custodial police interrogation-not sooner. Leave Hollywood tactics to the actors.

Sixth Amendment Changes

October 29, 2009

Devallis Rutledge, author of POLICE Magazine's Point of Law articles, discusses what officers need to know about how the Supreme Court's Kansas v. Ventris and Montejo v. Louisiana rulings have affected the way officers must conduct interrogations lawfully under the Sixth Amendment. You can also read the original articles "Sixth Amendment Revisited" from the July 2009 issue and "Sixth Amendment Waivers" from August 2009.

Sixth Amendment Waivers

August 7, 2009

It will now be possible for law enforcement officers to attempt to obtain a waiver and an admissible statement from a defendant without running afoul of the Sixth Amendment.

Non-Custodial Stationhouse Interrogations

January 1, 2009

Because warnings are only required prior to custodial interrogation, one way to minimize the adverse impact of Miranda on investigations is to try to conduct interrogations whenever possible in non-custodial settings.

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