Page 178 - North Carolina 2020 Legal Guide
P. 178
Task: Miranda Warnings and Questioning
Arizona v. Mauro, 481 U.S. 520 (1987).
Where an officer knows or should know that his or her words or
conduct are likely to elicit an incriminating response from the
suspect who is in custody; questioning has occurred irrespective of
whether any express questions have been posed.
• Incriminating statements made by the suspect in response to a
police officers words or conduct under these circumstances will only
be admissible in the prosecution’s case where the requirements of
Miranda have been met.
See also, Rhode Island v. Innis, 446 U.S. 291 (1980).
Examples:
• Confronting one suspect with the confession of a co-conspirator.
• Confronting suspect with autopsy photos.
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