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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.
Read More →In a fairly common scenario, you obtain a valid Miranda waiver from a suspect in custody and begin interrogation. Part-way through your questioning, the suspect begins to feel uneasy about going forward and says something about remaining silent or talking to a lawyer.
Read More →Once a custodial suspect has been given Miranda warnings, there are three basic options he can choose to exercise: (1) waive his rights and agree to talk, (2) invoke his right to remain silent, or (3) invoke his right to counsel. The suspect’s response determines whether, and under what circumstances, he can later be re-approached by law enforcement officers to obtain an admissible statement.
Read More →More than a handful of judges, lawyers, and police officers mistakenly thought of Miranda as some sort of judicial rule about how police officers are required to conduct interrogations.
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The admissibility rule of Miranda v. Arizona generally dictates that you give the standard warning and get a voluntary waiver before interrogating a suspect in custody. But not always.
Read More →It’s her left hand, and there’s a gun in it. I quarter her head with my reticle. Then I see her gun hand come up fully in line with the entry team members. She straightens her arm as if taking aim, and I squeeze the trigger.
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One of the most blatant mistakes entertainers insist on perpetuating is the notion that Miranda warnings have to be given immediately upon the suspect being hooked up.
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Ratcheting up the authority of police to stop and question fleeing individuals, the U.S. Supreme Court in mid-January, ruled that officers can legally detain someone who runs upon merely seeing the police if other factors are present and can be articulated by officers.
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