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References in periodicals archive ?
In terms of dealing with incarcerated prisoners, it is unclear if law enforcement is required to provide a prisoner his advice of rights prior to any attempted interrogation.
(54) Moreover, law enforcement must assess whether the individual is in custody for Miranda purposes under the new circumstances to determine if advice of rights are necessary.
Additionally, the Court referred to other training programs that encouraged the practice of questioning outside of Miranda first to secure an admission prior to proceeding with the advice of rights. Id.
These procedural rules are, of course, the well-known Miranda advice of rights and the government's obligation to obtain a knowing, intelligent, and voluntary waiver of those rights from the subject prior to engaging in an interview.
In what likely will be one of the most significant early Supreme Court decisions of the new century, a federal statute will be measured against one of the most well-recognized legal principles, the Miranda advice of rights. The reality is that since any alternative to the Miranda warnings must satisfy strict principles of voluntariness, even if the Supreme Court upholds [ss] 3501, exchanges between law enforcement and arrested subjects should remain similar to what has existed for the past three decades.
The planned interrogation strategy called for a full advice of rights prior to interrogation, but in the event of a Miranda invocation, interrogation would continue until a confession was obtained.
2) When a suspect makes an ambiguous request for counsel following an advice of rights, interrogators should attempt to resolve the ambiguity by asking clarifying questions
3) Attempts by suspects to invoke the Miranda right to counsel prior to an advice of rights should not preclude officers from proceeding with an advice of rights and attempting to obtain a waiver