NCJ Number
58305
Journal
POLICE LAW QUARTERLY Volume: 7 Issue: 2 Dated: (JANUARY 1978) Pages: 5-10
Date Published
1978
Length
6 pages
Annotation
BASED ON JUDICIAL DECISIONS, GENERAL RULES ARE GIVEN FOR POLICE OFFICERS IN APPLYING MIRANDA REQUIREMENTS, OBTAINING CONFESSIONS AND ADMISSIONS, AND SEIZING EVIDENCE FROM AN ACCUSED.
Abstract
IT IS AXIOMATIC THAT THE WARNINGS MANDATED BY THE MIRANDA V. ARIZONA (1966) DECISION MUST BE GIVEN BEFORE THE POLICE ATTEMPT ANY CUSTODIAL INTERROGATION OF A SUSPECT. THE THRESHOLD QUESTION, HOWEVER, IS DETERMINING AT WHAT POINT A SUSPECT IS ACTUALLY IN 'CUSTODY' AS DEFINED BY MIRANDA AND LATER CASES. THE MOST OBVIOUS INDICATION OF A CUSTODIAL SITUATION IS A RESTRICTION PLACED ON A PERSON'S FREEDOM TO LEAVE. THE LOCATION WHERE QUESTIONING TAKES PLACE MAY ALSO BE AN IMPORTANT INDICATION OF A CUSTODIAL SITUATION; QUESTIONING AT A POLICE STATION OR IN A POLICE CAR, FOR EXAMPLE, WILL USUALLY BE HELD TO BE CUSTODIAL, UNLESS A SUSPECT IS THERE VOLUNTARILY. ON THE OTHER HAND, GENERAL ON-THE-SCENE QUESTIONING SHORTLY AFTER A CRIME OCCURS IS USUALLY NONCUSTODIAL. SITUATIONS WHERE THE POLICE MAY HAVE CONVERSATION WITH A SUSPECT AND NOT BE REQUIRED TO GIVE THE MIRANDA WARNINGS ARE IDENTIFIED. THE NECESSARY WARNINGS AS SET FORTH IN MIRANDA AND INTERPRETED IN LATER CASES ARE LISTED, AND THE PROCEDURE FOR GIVING THE WARNINGS AND OBTAINING A WAIVER ARE DESCRIBED. POLICE OFFICERS MOST OFTEN INCUR LIABILITY AND RISK EXCLUSION OF EVIDENCE WHEN THEY OBTAIN CONFESSIONS AND ADMISSIONS FROM SUSPECTS DURING THEIR INVESTIGATION OF A CRIME. GUIDELINES FOR AVOIDING SUCH LIABILITY AND EVIDENCE EXCLUSION IN OBTAINING CONFESSIONS AND ADMISSIONS ARE DISCUSSED. RULES TO BE FOLLOWED IN SEIZING EVIDENCE FROM AN ACCUSED ARE CONSIDERED, ALONG WITH PROCEDURES TO BE FOLLOWED IN SUSPECT IDENTIFICATION ACTIVITIES SUCH AS LINEUP, ONE-ON-ONE SHOWUP. (RCB)