NCJ Number
36807
Journal
Duke Law Journal Volume: 1976 Issue: 3 Dated: (AUGUST 1976) Pages: 574-595
Date Published
1976
Length
22 pages
Annotation
NOTE EXAMINING THE REASONING USED BY THE FEDERAL COURTS IN REACHING THEIR CONCLUSIONS ABOUT THE APPLICABILITY OF THE MIRANDA SAFEGUARDS TO POLICE BOOKING PROCEDURES AND STUDYING THE RAMIFICATIONS OF THEIR POSITIONS.
Abstract
THE AUTHOR REVIEWS FEDERAL APPELLATE CASE LAW OUTLINING JUDICIAL ATTITUDES TOWARD THE EXCLUSION OF INCRIMINATING STATEMENTS MADE DURING THE BOOKING PROCESS AND STUDIES THE APPLICABILITY OF BOTH THE FIFTH AMENDMENT AND THE MIRANDA SAFEGUARDS TO BOOKING. HE CONCLUDES THAT STRICT APPLICATION OF MIRANDA TO ALL BOOKING QUESTIONS WOULD COMPLETELY FRUSTRATE THE MAINTENANCE OF NECESSARY POLICE ADMINISTRATIVE RECORDS YET EXEMPTING ALL QUESTIONING DURING BOOKING FROM MIRANDA SAFEGUARDS WOULD BE VIOLATIVE OF SUSPECTS' CONSTITUTIONAL RIGHTS. A COMPROMISE RULE IS SUGGESTED, WHICH ALLOWS AN ARRESTING OFFICER TO COMPEL A SUSPECT TO REVEAL ONLY HIS NAME AND ADDRESS BEFORE THE MIRANDA WARNINGS HAVE BEEN GIVEN AND AN INTELLIGENT WAIVER OF RIGHTS OBTAINED.