When is Miranda Required?

When is Miranda required during a detention? There is some confusion on this subject.  Many officers tell me that Miranda is required when the person is not free to leave. They were taught this.  But unfortunately, it’s not true.  That is not the legal standard. Not being free to leave is a detention.  But we […]

Intertwining Miranda with Small Talk

Here is a new question: Can you intersperse Miranda warnings? Hello. My name is Anthony Bandiero, attorney and senior legal instructor for Blue to Gold Law Enforcement Training. This question comes from one of my officers in Southern California. He says, “Anthony, let’s talk about substantial compliance with Miranda, because in order to have a […]

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, […]

Asking Suspect in Custody for Consent to Search

“My question is, if you place a person under arrest, let’s say for driving while suspended, can you ask them while they are in custody for consent to search the vehicle?” My name is Anthony Bandiero, attorney and senior legal instructor for Blue to Gold Law Enforcement Training. This question comes from officer in Kansas. […]

Asking Suspect in Custody for Consent to Search

My name is Anthony Bandiero, attorney and senior legal instructor for Blue to Gold Law Enforcement Training. This question comes from officer in Kansas. “My question is, if you place a person under arrest, let’s say for driving while suspended, can you ask them while they are in custody for consent to search the vehicle?” […]

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