Page 181 - Critical Tasks in Law Enforcement 2020-2021 Sessioin

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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