Page 178 - Original 2020 Legal Guide By Jack Ryan

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.

©2020 Jack Ryan Legal & Liability Risk Management Institute 177