Page 172 - Original 2020 Legal Guide By Jack Ryan

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.

©2020 Jack Ryan Legal & Liability Risk Management Institute 171