FREE e-Newsletter
Important News - Hot Topics
Get them Now!

William Bratton is taking over the helm of the NYPD, what should be his top priority?





Search Result: Miranda Law

Displaying 41  -  53  of  53

Pinpointing the Right to Counsel

August 1, 2008

Ever since the 1964 U.S. Supreme Court decision in Massiah v. U.S., it has been the rule that any statements about a crime that were deliberately elicited from the suspect by a government official or undercover agent, after the Sixth Amendment right to counsel had “attached” and been asserted, could not be used at trial to prove guilt.

Unmixing Mixed-Up Concepts

January 1, 2008

How many times have you heard the expression "PC for the stop"? How about the application of Miranda once the suspect is "not free to leave?" These are common examples of improper mixing that can undercut the case against a guilty perpetrator.

Setting Up Talks

November 1, 2007

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."

Cold Case Interrogations

March 1, 2007

In many instances, the suspect in a cold case turns out to be someone who is serving time for another crime. What are the considerations for conducting custodial interrogation of such a prisoner, insofar as Miranda and the Sixth Amendment right to counsel are concerned?

Miranda Wording

October 1, 2006

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.

Right to Counsel

February 1, 2006

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.

Davis Rules

January 1, 2006

In a fairly common scenario, you obtain a valid Miranda waiver from a suspect in custody and begin interrogation. Part-way through your questioning, the suspect begins to feel uneasy about going forward and says something about remaining silent or talking to a lawyer.

Resumption of Questioning

July 1, 2005

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.

Does Miranda Bear Poisonous Fruit?

September 1, 2004

More than a handful of judges, lawyers, and police officers mistakenly thought of Miranda as some sort of judicial rule about how police officers are required to conduct interrogations.

Undercover Interrogation

August 1, 2004

The admissibility rule of Miranda v. Arizona generally dictates that you give the standard warning and get a voluntary waiver before interrogating a suspect in custody. But not always.

After the Echo

March 1, 2004

It’s her left hand, and there’s a gun in it. I quarter her head with my reticle. Then I see her gun hand come up fully in line with the entry team members. She straightens her arm as if taking aim, and I squeeze the trigger.

Demystifying Miranda

July 1, 2003

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.

High Court: Fleeing, Other Factors Justify Detention

February 1, 2000
Ratcheting up the authority of police to stop and question fleeing individuals, the U.S. Supreme Court in mid-January, ruled that officers can legally detain someone who runs upon merely seeing the police if other factors are present and can be articulated by officers.
« Previous123Next »
Get Your FREE Trial Issue and Win a Gift! Subscribe Today!
Yes! Please rush me my FREE TRIAL ISSUE of POLICE magazine and FREE Officer Survival Guide with tips and tactics to help me safely get out of 10 different situations.

Just fill in the form to the right and click the button to receive your FREE Trial Issue.

If POLICE does not satisfy you, just write "cancel" on the invoice and send it back. You'll pay nothing, and the FREE issue is yours to keep. If you enjoy POLICE, pay only $25 for a full one-year subscription (12 issues in all). Enjoy a savings of over 60% off the cover price!

Offer valid in US only. Outside U.S., click here.
It's easy! Just fill in the form below and click the red button to receive your FREE Trial Issue.
First Name:
Last Name:
Rank:
Agency:
Address:
City:
State:
  
Zip Code:
 
Country:
We respect your privacy. Please let us know if the address provided is your home, as your RANK / AGENCY will not be included on the mailing label.
E-mail Address:

Police Magazine