Interview & Interrogation Case Law

Course Introduction

1)  Instructor introduction.

2)  Explain the course objective.

a) How to effective interview an individual versus interrogating.

b) How to interview an individual effectively and legally.

c) When to cite Miranda.

d) Waivers and confessions.

e) Adult versus juvenile Miranda.

3)  How are we going to accomplish this?

1. 1. Review and understand how the Fifth Amendment applies.
   2. Review past case studies and how the interview/interrogationplayed a part in the outcome.
   3. Role play during the course.
   4. Exercises during the course.

4)  Go over the three disclaimers:

a)  Laws and agency standard operating procedures may be more restrictive. Blue to Gold teaches the federal standard unless otherwise stated. Therefore, students must know their state and local requirements in addition to the federal standard.

b)  If students have any doubts about their actions, ask a supervisor or legal advisor.

c)  The course is not legal advice, but legal education. Therefore, nothing we teach should be interpreted as legal advice. Check with your agency’s legal advisor for legal advice.

In summary, the goal is for you to leave here today confident that you can effectively and legally interview/interrogate an individual/suspect.

Module One: Fundamentals

1) The Fifth Amendment

2) Confessions versus Admissions

3) Interviews versus Interrogations

4) State Analogs

Module Two: When Miranda is Required

1) Why Miranda?

2) Coercive Influences

3) Confessions are Good

4) The Three C’s (Custody, Questioning, Cop)

Module Three: Admonishment

1) Admonishments – Miranda Language

2) Miranda Re-advertisements

3) Adult Miranda

4) Juvenile Miranda

5) Non-English Speakers

6) Suspect Under the Influence

Module Four: Waiver

1) Waiver

2) Knowing

3) Voluntary

4) Waivers

5) Invocation

6) Functional Equivalent

Module Five: Reinitiating Miranda

1) Suspect Reinitiates

2) Invoking Right to Silence

3) Invoking Right to Counsel

Module Six: Exceptions

1) Public Safety Exceptions

2) The Rescue Doctrine

3) Barricaded Suspects

4) Booking Questions

5) Foregone Conclusion

Module Seven: Misc. Rules

1) Fruit of the Poisonous Tree

2) Coerced Statements

3) Miranda Violation