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Eight jurors wanted to acquit Dennis Escobar of the 1988 killing of a popular Miami patrolman. But four, bothered by key facts of Escobar's role in the slaying—some detailed in testimony from his own wife—couldn't agree to a not-guilty verdict
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A federal appeals court has overturned a death sentence for an Arizona woman who arranged to have her 4-year-old son murdered, because a Phoenix Police detective failed to honor her Miranda rights.
Read More →Even a barricaded suspect has the right to remain silent during a standoff, but police have no obligation to tell him that while trying to coax him out, an appeals court ruled this week.
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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.
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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.
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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.
Read More →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.
Read More →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.
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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."
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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.
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