Can The Police Interrogate Me First And Then Give Me Miranda Warnings?
There was a method employed by the police that involved the police give Miranda warnings midstream--in the middle of the interrogation. What the police were doing would work the suspect of a crime in an interrogation. Once the police would obtain a confession from the suspect they would then read the suspect his
Miranda warnings. Is this practice of "question first, warn later" constitutional under the Fifth Amendment or Texas Constitution?
In Missouri v. Seibert, the Supreme Court addressed a situtation where officers were ordered to withhold
Miranda warnings from Seibert--who was charged with murder. In that case, the officer questioned the Defendant for thirty to forty minutes at the police station. The officer was squeezing the suspect's arm, as well. Eventually, the Defendant confessed. Once the officers obtained the confession, the officers then gave her the Miranda warnings and asked her to repeat the earlier, un-Mirandized confession.
In that case, the Supreme Court held that the police deliberately crafted a plan to obtain a confession without the protection of Miranda warnings. Stay tuned as we continue to address this situation.
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