Are Orders to Detain and Transport a Suspect for an Interview Lawful?
An officer in Missouri asked about a common practice in Kansas City, where prosecutors issue a stop order or person of interest order and the person is then handcuffed and transported to the station for a formal interview. Anthony walks through why that is fine if the order rests on probable cause, and why it is a serious problem if it does not.
How Do You Fix a Miranda Mistake?
Miranda violations come in two flavors, intentional and unintentional. Courts want to see that you cleansed the unintentional ones. Here are the factors that do it, and the one move that does not.
Can Police Question You During a Probation Search?
A Fourth Amendment waiver search turns up narcotics, and the officer asks what is in the bag. Is that a Fifth Amendment problem? The answer turns on arrest-like custody, not on the search.
Ohio Juveniles
Should parents or guardians be contacted and asked for permission to speak with their child before questioning the juvenile in Ohio? Short answer: It depends. Best practice: Yes. To better understand the rules involving juveniles in Ohio and how to handle juvenile encounters, officers are encouraged to review Ohio Revised Code Chapter 2151 and the […]
Should Officers be Obligated to Report Suppressed Evidence?
Should an agency have a policy that requires officers to notify their supervisors when evidence is suppressed in court? When a judge orders evidence suppressed, the judge is declaring the evidence was obtained unlawfully and is therefore inadmissible in the criminal trial. Shouldn’t the officer’s agency be made aware when this happens? Municipalities can be […]
Undercover Operations and the Sixth Amendment
The Sixth Amendment right to counsel provides that a criminal defendant has the right to the effective assistance of an attorney during all critical stages of prosecution once the defendant has been formally charged. The Sixth Amendment right to counsel is charge-specific, meaning its protections only apply to any formally charged matter. One such critical stage of prosecution […]
Here’s a Thought… No More Miranda Gift Bags
What needs to change? What is wrong with a free Miranda warning? Why do officers over-Mirandize? The purpose of this article is simply to call attention to a pervasive problem in the law enforcement profession. Solutions to the problem can be fleshed out in future discussions. But without adequately demonstrating that a problem exists, discussion […]
What is Entrapment?
This questions comes from an officer in Nebraska, and the topic is: What is entrapment? Let’s break it down. Entrapment occurs when law enforcement officers engage in behavior so extreme and over-the-top that they essentially harass someone into committing a crime. However, simply giving someone an opportunity to commit a crime is not entrapment. Courts […]
When Does Miranda Apply Over the Phone?
Another roadside chat, recorded at the IACP conference in Boston in 2024. This officer is a lieutenant with the Department of Veterans Affairs, and he asked about calling a suspect over the telephone to inquire whether they committed a suspected crime. Do you have to read Miranda when you interview a suspect over the phone? […]
When Is Miranda Required?
Officers are taught that Miranda kicks in when a person is not free to leave. That is not the standard, and saying so in court can cost you. The three components that actually trigger it.
Can You Mix Small Talk Into Miranda Warnings?
A sexual assault investigators class taught officers to read Miranda one right at a time with chit-chat in between. Is that valid substantial compliance, or softening up the suspect?
Acknowledgement of Understanding Miranda
“If after reading a suspect his Miranda rights, he does not acknowledge that he understands them, but begins talking, can the officer continue with the interrogation? This is John Wiehn, attorney and legal instructor for Blue to Gold Law Enforcement Training, with another question on a new topic. In effect, basically, what we’re asking is, […]