Miranda Lambert

The question here is whether Bodie is under arrest or it is a non-custodial interrogation. Interrogation is a term that refers to the police questioning you in the context of a criminal investigation. So a custodial interrogation would be what occurs after the person has been arrested on the suspicion of a crime. On the other hand, an interrogation may occur because a person is being suspected of participating in or in some way involved in a crime, but the police need more information in order…

Definitions 1. Plain view is a legal term that describes the ready visibility of objects that might be seized as evidence during a search by police in the absence of a search warrant specifying the seizure of those objects. To lawfully seize evidence in plain view, officers must have a legal right to be in the viewing area and must have cause to believe that the evidence is somehow associated with criminal activity pg. 205 2. Terry Stop is a brief detention of a person by police on reasonable…

In the court case Garrity Vs New Jersey the officer on trial was made to incriminate himself by being forced to testify. This officer was later convicted on his testimony. The supreme court hailed that the officers answers could not be used against him in his criminal trial because the fifth amendment forbid a coerced confession. Today the Garrity rule states if an officer is compelled to provide self incriminating statements information or statements such statements can not be used in a…

for the exclusionary rule, as they allow for illegal evidence in those circumstances to be used in a trial. Miranda rights have not been enforced as strongly by the Burger Court as they had with the Warren Court, although they are still an important part of police procedures and required for investigation. The court has been divided on issues concerning double investigations, unsure if Miranda Rights still apply in those situations. The reasons for these changes are because of the conservative…

The U.S. Supreme Court has made decisions to allow police officers to use deception during custodial interviews of suspects per case law Frazier v. Cupp, 1969 and Oregon v. Mathias on, 1977. Supportive decisions of deception has been made also in the State Court level per State v. Nightingale, 2012. Deception during investigations does not mean a case to be solved by “whatever means necessary,” as the suspects have their civil rights. However, I do believe the deception and baiting a suspect…

CASE BRIEF Case Name – Salinas v. Texas, 570 U.S. 12 (2013) Facts – Genovevo Salinas, the petitioner, who was not in custody or read Miranda warnings, agreed to go to the police station to answer questions regarding involvement in a murder. When petitioner was asked if ballistic testing would match ammunition casings found at the scene, he remained silent. Petitioner contended that the prosecutors’ use of his silence to indicate guilt violated his Fifth Amendment rights. Procedural History –…

If an officer was to conduct an interrogation while someone was in custody or they cannot leave on their free will and are being detained, and that officer failed to read them their Miranda rights, hence, that evidence will not be admissible in court. Henceforth, the information that the officer obtained is considered illegal and cannot be used as evidence against the person being charged (staff and staff). However, if an officer was to arrive on scene and the suspect started to tell the…

flight hazard which he or she may force. In 1963 a man known as Ernesto Arturo Miranda was captured of charges he actually admited nightfall of interrigation, and was sentenced, and sentenced 20-30 years. Miranda's court apointed lawyer contended taht he was not educated he has a privilege to insight, and his admission was not volontary. The Arizona Incomparable Court ruled upon this case, and announced that Miranda was unconscious of the rights allowed under the fifth amendent's…

1. The characters in the case study are John and his wife, Johns friend and his wife. The relationships are one of friendship, association only during High School. 2. The dilemma John faces is should he say anything or arrest his friend for drug possession and does he feel comfortable staying at a house with potentially illegal drugs. John is a certified peace officer and is charged to uphold justice and compliance with the law. An additional dilemma could be does he think of partaking in…

the United States of America then there are rights that protect one from the government. One could imagine what the world would be like if there were no Miranda rights. Government would take complete advantage of that and others could assume that prisons would really become overcrowded and taxes would shoot up even higher due to the absence of Miranda rights in the criminal justice system. One could assume that life in fact would not be as sweet and worth living knowing that the police can haul…