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Task: Questioning of In-Custody Suspects
Bobby v. Dixon, ___U.S.___; 132 S. Ct. 26 (2011).
• A suspect who is given Miranda warnings and exercises his right to
counsel, can be re-approached on the same crime if he was not in
custody at the time the warnings were given. The exercise of a right
under Miranda cannot be exercised anticipatorily to actual custody.
• There is no precedent supporting an argument that the Fifth
Amendment is violated when law enforcement urges a suspect to
confess by falsely telling the suspect that a confederate is providing
information.
• An un-coerced statement subsequent to proper Miranda warnings
may be admissible even thought there was a previous intentional
violation of Miranda. The admissibility will be fact driven.
• Officers should never intentionally violate Miranda.
©2021 Jack Ryan Legal & Liability Risk Management Institute 174
