Tag: Miranda Law: Page 3

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Obama's Election Victory and the Supreme Court

What is the likely consequence of the re-election of Barack Obama with respect to judicial appointments, as they bear on law enforcement and public safety issues? In our business, we're trained to look for the clues. There are plenty of those to examine.

December 26, 2012

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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

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

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.

February 20, 2012

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Drawing Lines Around Miranda

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.

February 12, 2012

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Four Famous Cases

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.

December 1, 2011

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Accent on Officer Safety

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.

September 19, 2011

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Juveniles and Miranda "Custody"

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.

July 31, 2011

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SCOTUS Expands Miranda Rights for Juveniles

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.

June 15, 2011

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'Functional Equivalent' of Miranda Questions

"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.

May 10, 2011

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'Don't Talk To My Client!'

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.

February 6, 2011

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Miranda Invocation and Waiver

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.

August 9, 2010