Miranda Warnings

News & Analysis as of

A Moment of Simple Justice - Stop Talking  [Video]

Nov. 18, 2014 (Mimesis Law) -- When adults ignore their Miranda warnings, it's a shame. When kids talk to police officers in the absence of counsel, it's something much worse....more

Sometimes… Your Silence Can Convict You #CriminalDefense

Americans do not need to be taught in school that we have the right to remain silent. With the surplus of cop shows on TV, the past couple of generations have grown up hearing the famous Miranda warnings multiple times each...more

BB&K Police Bulletin: Civil Rights Action For Miranda Violation Not Barred If Conviction Reversed

Incriminating Statements in Violation of Miranda Rights Were Used in First Trial, Which Resulted in Reversal - Overview: The Ninth Circuit Court of Appeal recently held that a criminal defendant convicted of murder at...more

Court Rules No Violation of Public Safety Officers Bill of Rights During Internal Affairs Administrative Interviews

Officers Not Entitled to an Attorney During an Administrative Investigation Under POBRA - Overview: Police officers sued the City of Los Angeles for violations of their civil rights and under the Public Safety Officers...more

BB&K Police Bulletin: Booking Question Regarding Gang Membership Subject to Miranda Protections: Booking Exception Inapplicable...

Overview: After three gang members were convicted of several murder charges, conspiracy and gang enhancements for the death of four victims, they appealed alleging the trial court erred in admitting various pieces of...more

What To Do When You Are Served With a Search Warrant

In recent years, state and federal law enforcement agencies continue to increase their investigation and prosecution of white collar crime, particularly relating to the securities and healthcare industries. The search warrant...more

BB&K Police Bulletin: Miranda Warnings and Temporary Detention

Handcuffing a Suspect During Investigative Detention Does Not Automatically Create a Custodial Interrogation for Purposes of Miranda - Overview: A California court of appeal recently held that investigatory questioning...more

Third Circuit Elucidates Waiver Standards - United States v. Joseph, No. 12-3808, --- F.3d --- (3d Cir. Sept. 19, 2013)

In order to present an argument on appeal, a party must have raised the same argument—that is, an argument based on the same facts and the same legal rule—in the District Court. Merely having raised an issue in the District...more

Salinas v. Texas: How the Supreme Court’s Decision in a Murder Case Impacts the Issue of “Remaining Silent” in Corporate White...

The Supreme Court recently issued an opinion in a Texas murder case that has broad implications for any corporate representative or employee who seeks to invoke his or her Fifth Amendment Right against self-incrimination in...more

Salinas v. Texas: Anything You Don’t Say Might Be Used Against You...

On June 17, the U.S. Supreme Court issued a decision in Salinas v. Texas, 133 S. Ct. 2174 (2013). The defendant, Genovevo Salinas, had voluntarily accompanied police officers to their station for questioning about a double...more

Miranda Eviscerated: How Your Silence During a Government Interview Could Be Used Against You

Can your silence be used against you in a criminal proceeding? Most of us would assume that it cannot because of the Fifth Amendment to the U.S. Constitution and case law interpreting it....more

White Collar Litigation Update -- Supreme Court Permits Prosecution’s Comments Regarding Suspect’s Silence Where Suspect Did Not...

During government investigations, counsel regularly advise their clients that if a law enforcement agent unexpectedly shows up at their home or office, the client should decline to be interviewed and instead direct the agent...more

Silence Isn't Always Golden in Government Investigations: Bracing for The Impact of the Supreme Court's Decision in Salinas v...

On June 17, 2013, the Supreme Court of the United States issued an opinion with important implications for anybody who wishes to remain silent when interviewed in connection with a criminal investigation whether they know it...more

Do Your Employees Have the Proper Legal Training When It Comes to Government Investigations or Inquiries?

There is a general understanding that the Fifth Amendment to the U.S. Constitution gives a person the right not to incriminate him- or herself, and that understanding comes, in large measure, from movies and television...more

BB&K Police Bulletin: Fifth Amendment Privilege - Suspect Forfeits Right to Remain Silent and Privilege Against...

Overview: The U.S. Supreme Court recently rejected the Fifth Amendment claims of a man whose silence during police questioning was used as evidence of guilt. During a non-custodial interrogation, the murder suspect answered...more

The Supreme Court's Decision In Salinas v. Texas: Implications For White Collar Investigations

At the outset of a white collar investigation, counsel will invariably advise the client that if a government investigator unexpectedly appears seeking to “just ask a few questions,” the client should politely decline and...more

BB&K Police Chief Bulletin: “Two-Step” Interrogation - Intentionally Delayed Miranda Warnings Yield Inadmissible Evidence

Overview: The Ninth Circuit Court of Appeals recently reversed a drug conviction in a case where FBI agents deliberately delayed Miranda warnings to induce the defendant’s confession. The court found that the agents had...more

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