How long does it take for police to Mirandize a suspect?
Fourteen days after returning him to the general prison population, they take him to the local jail again to question him again. They Mirandize him and he agrees to speak. His statements are likely admissible. ( Maryland v.
Can a police officer continue questioning after the suspect claims Miranda?
Sometimes police can continue to ask questions after a suspect has invoked the Miranda rights. Once someone detained by the police invokes Miranda by expressing a desire to remain silent, have counsel present, or both, the police must stop interrogation.
Can a defendant make a statement after asserting Miranda?
A defendant’s statements after asserting Miranda may also be admissible if he or she initiates the conversation. But that’s only if the police give a fresh set Miranda of warnings once the discussion picks up. For example, assume officers take John into custody and give him the Miranda warnings.
What happens when a suspect invokes the right to remain silent?
If the suspect invokes the latter, questioning must cease until counsel is available. But if the detainee invokes only the right to remain silent, the police may reinitiate questioning at a later time, provided that they honor the right to remain silent.
What happens after the police give a suspect a Miranda warning?
The police give him the Miranda warnings again and then ask him questions. Any statements John gives after the second set of Miranda warnings will probably be admissible in court. If a detainee invokes the right to counsel for only a limited purpose, the police may interrogate “around” that purpose.
What should a court consider when questioning a suspect?
Courts consider the circumstances of renewed questioning, including the passage of time, whether the police gave fresh Miranda warnings, and whether they asked questions about a different crime. For example, suppose the police arrest George as a suspect in some robberies.
A defendant’s statements after asserting Miranda may also be admissible if he or she initiates the conversation. But that’s only if the police give a fresh set Miranda of warnings once the discussion picks up. For example, assume officers take John into custody and give him the Miranda warnings.
If the suspect invokes the latter, questioning must cease until counsel is available. But if the detainee invokes only the right to remain silent, the police may reinitiate questioning at a later time, provided that they honor the right to remain silent.