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Miranda Invocation

Discussion in 'Cop Talk' started by i8547, Aug 5, 2011.

  1. i8547

    i8547 Without Equal

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    CONUS - mostly
    Has anyone ever had someone invoke Miranda (e.g. "I'm not answering your questions without a lawyer") right as you began to read them their Miranda rights?

    If so, what did you do. Had a somewhat interesting situation last night where two of our guys were interviewing someone and about to read Miranda, when the subject said the above. In result of it, they didn't finish reading him Miranda and just stopped the interview. They were apparently caught off guard by the guy not waiting until they were done and overlooked they had never actually read the rights. I personally think this was a tactic the guy purposely used to avoid being Mirandized, banking on the inexperience of the two and am curious to know if anyone else has experienced something along those lines.
     
  2. golls17

    golls17 Lifetime Newbie

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  3. cowboywannabe

    cowboywannabe you savvy?

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    this.
     
  4. Sam Spade

    Sam Spade Staff Member Lifetime Member

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    As soon as they use the L-word, you're done. Right to counsel can be invoked at any time, and it applies even if you haven't read him the notification that he has a right to counsel.
     
  5. collim1

    collim1 Shower Time!

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    I go by this.

    I work patrol for a municipal dept, so 99% of what I do is misdemeanors that I witnessed. I rarely need a confession to have cause for an arrest.
     
    Last edited: Aug 5, 2011
  6. i8547

    i8547 Without Equal

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    CONUS - mostly
    This is the correct move, but has anyone ever had this done to them as a means to make statements inadmissible?
     
  7. OXCOPS

    OXCOPS

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    I've seen it tried, but it didn't work. Of course, this was in a very conservative court where the judge didn't tolerate these antics. He saw something like this as being along the same lines of "ticket isn't legal cause he wasn't wearing his hat".
     
  8. MeefZah

    MeefZah Cover is Code 3

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    Lost Coast, Cali
    No, because once they invoke, they generally don't say anything more that would be considered to be a statement, or incriminating; so it's kind of a non-issue.

    Lack of reading Miranda by itself is not the issue. Lack of reading Miranda and then proceeding with custodial interrogation is.
     
  9. teleblaster

    teleblaster

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    If the person is in custody and has invoked right to counsel, if you keep asking questions, the answers will be inadmissible. But it is pretty rare that someone would then keep answering questions after invoking, or that you would keep asking questions. He invokes, you stop questioning unless he initiates further contact.
     
  10. merlynusn

    merlynusn

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    Once I start reading Miranda and he invokes, I stop and the interrogation is terminated. He is in custody and I've begun the interrogation. Miranda is just the first step in the interrogation before I get to the other questions. Once he invokes, game over.

    What would be the point in continuing to read the Miranda Rights form after he has invoked? It is an unequivocal declaration that he wants a lawyer before answering any questions.

    ETA: Your Miranda Rights don't attach once the form is completely read to the suspect. They attach once a custodial interrogation begins. Therefore, if you are still reading the Miranda Rights to him and he invokes, then he has invoked his right to counsel.
     
    Last edited: Aug 5, 2011
  11. cowboywannabe

    cowboywannabe you savvy?

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    i agree, and interviews or interogations will not follow. but the fact is that schiet bag interupted me and i will GD finish what i started.....LOL. oh, and he doesnt have to answer "do you understand these rights"?
     
  12. ateamer

    ateamer NRA4EVR

    If he invokes, then stop reading Miranda and don't ask any questions. You don't have to put him right into a holding cell or transport immediately, though. Just sit there for a couple minutes without saying anything. Pretty good chance that he'll start to talk on his own and give you something useful without you saying a word.
     
  13. txleapd

    txleapd Hook 'Em Up

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    Yep. Just keep finish reading them their rights.

    On a side note, I've had people in an interview room who lawyered up as soon as I asked them their name (even though I know who they are). I still read them their rights. Then I just give them one of my business cards, the case number, and tell them what they're going to be charged.

    Have a nice day.
     
  14. Dragoon44

    Dragoon44 Unfair Facist Lifetime Member

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    Only once did I have a guy refuse to talk. He wouldn't with or without a lawyer, in his case though we had more than enough eyewitness testimony and evidence to send him to prison.

    I always took the salesman approach to interrogations, ( just don't tell them what you are selling is prison cells) Before ever reading them their rights I would tell them we were going to do a formal interview and this was their opportunity to tell their side of the story and get it on record.
     
  15. BL33D 4 M3

    BL33D 4 M3 SDMF

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    This is good. Also wait for him to ask a question. Reply by saying you want to have a conversation, but you can't because he invoked. He is desperate to learn what you know. Exploit this.
     
  16. I have always gone by this. Granted, we did not do allot of interrogation on the Surveillance Unit but I was a detective long before that.

    I might add custodial accusatory questioning. And In that case we were advised by the LADA NOT to ask him if he would talk to the interviewer without an attorney. That can be asked later, but once asked then invoked a lawyer has to be there for him from then on. If your opinion is that he wanted an attorney for everything from then on then move on without questioning him!
     
  17. Taykaim

    Taykaim NRA Member

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    Atlanta, GA

    So, not meant to thread hijack, but I see these "not valid due to not wearing hat" comments all the time. What does this mean? The inference seems to be that if a patrol officer isn't wearing his hat he isn't "fully" in uniform and thus LE related work is not fully valid or some such.

    Is this bull**** for real?

    I am all for controls on police behavior that are meant to enhance the safety of them and those they come in contact with, as well as controls meant to preserve those rights guaranteed in the constitution.

    But a fricking hat? Really? I'd be pissed as hell if I knew someone who was a genuine threat on the roads got off due to this.

    And to be clear, I'm not heavily in the anti or pro cop crowd.

    If I felt a traffic citation or arrest was in the wrong I'd fight it with everything I had to get that dropped. And whether by luck or just making choices that don't include actions that bring me into contact with police in their professional capacity, I lead a life that does not include frequent police interaction.
     
  18. ray9898

    ray9898

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    You stop reading and end the interview. They have invoked their right to counsel so there is no reason to read a Miranda warning to advise them of a right they have already invoked.
     
  19. ray9898

    ray9898

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    According to some internet 'lawyers' it is.
     
  20. OLY-M4gery

    OLY-M4gery

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    This is the correct answer.