Page 179 - Critical Tasks in Law Enforcement 2020-2021 Sessioin
P. 179

Task: Miranda Warnings






          Beckwith v. United States, 425 U.S. 341 (1976).

               A suspect does not have to be given Miranda warnings unless they


               are in the custody of a law enforcement officer when questioned.
               The absence of either custody or questioning eliminates the need to


               give the warnings.





          See, Oregon v. Mathiason, 429 U.S. 492 (1977).

               A suspect who voluntarily comes to the police station at the

               invitation of an officer and is told prior to questioning that he is not

               under arrest, need not be given warnings since he or she is not in


               “custody.”










                                     ©2021 Jack Ryan  Legal & Liability Risk Management Institute                                   178
   174   175   176   177   178   179   180   181   182   183   184