Miranda Warnings -- The Trigger Point (From Crime to Court: Police Officer's Handbook, P 1-4, 1990, Joseph C Coleman)

• NCJ Number: 121263
• Author(s): J C Coleman
• Date Published: 1990
• Length: 4 pages
• Corporate Author: South Carolina Criminal Justice Acad
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: Article accompanies monthly continuing education television program for law enforcement officers

Annotation

The 1989 case, United States v. Carter, United States Court of Appeals, Eighth Circuit, is examined to clarify the type of police interrogation proscribed in the 1966 Miranda case.

Abstract

In the 1966 decision of Miranda v. Arizona, the United States Supreme Court held that before being interrogated by police in a custodial setting, a suspect must be given notice of certain rights. United States v. Carter (Sioux Falls, South Dakota) is examined to consider when investigative questioning ends and custodial interrogation begins. In this case, bank employee Carter was called to the office of the bank president where, on request, he produced his wallet that contained bank cash and a bank bearer check that had been placed in the mail tray. During the hour and a half interview, agents obtained incriminating statements from Carter, warned him of his rights, and obtained a handwritten statement of guilt from him. The trial judge suppressed his statements and ruled that the bait money was improperly obtained in a custodial setting before Carter had received his Miranda rights.