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
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 about making procedural changes is pointless. As a profession, law enforcement officers over-Mirandize. Without question. I […]
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?
So, you want to talk to a suspect about a crime, but you want to do it over the phone. Do you have to read them Miranda? Are there any Miranda issues applicable in this scenario? This question comes from a lieutenant with the Department of Veterans Affairs. The lieutenant asks: What are the best […]
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, […]