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Suspect-Initiated Interrogation

Suspect-Initiated Interrogation

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.

January 9, 2013

Suggestive Eyewitness ID

Suggestive Eyewitness ID

Identifying the perpetrator and clearing innocent suspects are crucial goals of every criminal investigation, and both depend on the use of reliable evidence. The Supreme Court has applied a constitutional due process test to the admissibility of testimony about an eyewitness's pretrial ID.

May 9, 2012

Preserving and Disclosing Evidence

Most law enforcement officers are familiar with the term “Brady error.” But what exactly does the Brady rule cover, and what obligation does it impose on police? Under the Brady line of cases, when must officers preserve evidence, and what must be revealed to the prosecutor? These questions have been answered in a series of opinions from the U.S. Supreme Court.

December 1, 2006

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.

February 1, 2006

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