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Miranda
27 posts back to top |
Posted over 4 years ago As sworn law enforcement officials we all know or should know when Miranda is required! How many law enforcement officials out there use Miranda as required? How many law enforcement officials use Miranda beyond the requirements for example because of what their agency policy dictates? It is my opinion, always has been and always will be that Miranda should only be used as required! What do you all think? |
134 posts back to top |
| Posted over 4 years ago
I use it as required by the circumstances. As the Chief, I rewrote the guidelines on advisement, in concert with consultation by the Legal Eagles; to be more appropriate than being applied to anyone who you encounter. New guidelines here are used when you intend to question, where the goal is to uncover incriminating information or when in the course of a consensual encounter, the subject reveals information that incriminates them in criminal conduct. The Wise Men on the Supreme Court have been leaning towards a change in the way it must be applied, though this may never come to fruition, it could change the way some agencies operate, though in the end they will be able to have a broader application regardless of what the Court says. Seems that just as ignorance of the laws that prohibit this or that is not a defense, the Courts have taken a similar view on Miranda. I have yet to encounter anyone of average intelligence that is unaware of their rights, even if only gained from TV. They know that they don’t have to talk to me, have the right to a lawyer and if they are broke, the G will pay for one. They know I cant smack them around and that unless I have a warrant, I cant search their crib. So in the end, while to Courts may look upon the common knowledge of peoples rights when encountering the Police, some departments may continue to apply warning on every encounter where there is a likelihood of incrimination. There may be some old timers who remember the actual case that was the genesis of Miranda, and when there was no such requirement… |
