Most of your communications with criminal suspects are "unscripted" dialogue. But in certain situations it can be very important that you say the right words, at the right time, to avoid creating problems for yourself, your agency, and your prosecutor.
May 4, 2015
Has Miranda v. Arizona adversely affected criminal justice and public safety? Miranda has resulted in the inability to clear a quarter-million homicides, 1 million rapes, 5 million robberies, and 9 million aggravated assaults.
March 11, 2014
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
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 7, 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.
February 13, 2012
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.
August 1, 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.
May 11, 2011
Give Miranda warnings just before commencement of apparent custodial police interrogation-not sooner. Leave Hollywood tactics to the actors.
December 14, 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.
August 7, 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.
January 1, 2009
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.
August 1, 2008
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."
November 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?
March 1, 2007
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.
October 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.
February 1, 2006