BABER MAKAYLA ONLY

Week 12

Legal Issues

Miranda

• In Miranda v. Arizona, the U.S. Supreme Court established a four prong test for safeguarding the constitutional rights of individuals who are being interrogated by police:

– Was the statement voluntary?

– Was the Miranda warning given?

– Was there a waiver by the suspect?

– Was the waiver intelligent and voluntary?

Legal Issues with Interviewing

Officers commonly focus their energy on

collection and preservation of evidence to enhance this criminal prosecution.

Unless they have been trained in the aspects of the law regarding the collection and preservation process, serious error may occur and criminals may go free.

A prosecutor or agency attorney

frequently assist in drafting

documents such as search

warrants, preparing witnesses for

trial and providing general

guidance and direction. Tactics

used must be such that the courts

will rule the evidence admissible.

Legal Issues with Interviewing

The duty of law enforcement is to investigate

crime, but investigation has no purpose

unless the information obtained can be used

to prosecute the criminal. Police departments

are organized in quasi-military structures with

definite lines of authority. Individual officers

generally act on their own without being

required to consult with supervisors or legal

counsel prior to taking action.

Legal Issues with Interviewing