djvu Miranda Survival Guide: AN INTERVIEW & INTERROGATION FIELD GUIDE FOR LAW ENFORCEMENT
por Anthony Bandiero JD
Descrição do livro
Nearly every criminal investigation comes down to a conversation. Officers who understand the law of confessions get statements that hold up in court. Officers who do not lose evidence, watch cases fall apart at suppression hearings, and answer for the mistake internally.
The rules are harder than they look. A suspect questioned in his own living room may be in custody, while an inmate questioned in prison may not be. A waiver can be valid without a signature, and an invocation can fail because the suspect said "maybe I should get a lawyer" instead of "I want a lawyer." The courts have drawn these lines case by case for sixty years, and officers are expected to know where they sit.
This handbook walks through the entire life of a statement. It explains when Miranda actually applies through the Three C's: Cops, Custody, and "Cuestioning." It covers voluntariness, threats, promises, and deceit. It shows how to advise correctly, including juveniles and other special populations, how to obtain waivers that survive review, and how to recognize valid invocations and lawfully reinitiate contact after one. It details the exceptions that save unwarned statements, such as public safety and booking questions, and what to do after a violation so a single mistake does not take down the rest of the case. The final chapters cover how confessions are treated at trial, from the burden of proof to the corpus delicti rule.
Everything is written in plain English and backed by controlling case law, with answers structured the way questions actually arise in the field. The book closes with a complete interview and interrogation checklist.
Written for patrol officers, detectives, FTOs, supervisors, and academy instructors.
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