The Mexican Mafia informant was making me nervous. He was in top physical condition and we were unarmed and in a very isolated part of the Men's Central Jail. Fifty-some year olds, like Frank and I, would have had our hands full fighting with this witness had he decided to fight.
Read More →The federal trial of a former Chicago police supervisor began with an initial day of testimony that included allegations that he played Russian roulette with a suspect and used plastic bags and an electrical device to force a murder confession.
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Miranda warnings are triggered by a simple formula: Custody + Interrogation = The requirement for Miranda warnings. A motorist is not in "custody" for Miranda purposes when he or she is detained for an ordinary traffic stop.
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.
Read More →The initiative, which will begin in two of the department's 76 precincts, is opposed by the detectives' union and supported by city district attorneys.
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Give Miranda warnings just before commencement of apparent custodial police interrogation-not sooner. Leave Hollywood tactics to the actors.
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Nothing can captivate a jury with such magnetic power as the live testimony of another human being, or even the reading of a confession in the courtroom. While it is one of the most difficult things to master, knowing and practicing the skills and techniques of good interviewing results in better case information and more convictions in the courtroom.
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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.
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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.
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Fill your tool belt with things you need to keep yourself safe when dealing with the mentally ill. Each piece of information gathered before arriving on scene is another tool you may need.
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