NCJ Number
100969
Journal
FBI Law Enforcement Bulletin Volume: 55 Issue: 2 Dated: (February 1986) Pages: 23-30
Date Published
1986
Length
8 pages
Annotation
After reviewing the parameters of the U.S. Supreme Court's decision in Miranda v. Arizona (1966) and related court decisions, this article uses court decisions to delineate what constitutes police interrogation on-the-scene and the character of police questions normally attendant to arrest and custody.
Abstract
The U.S. Supreme Court has ruled that the custodial interrogation of an accused may not begin before Miranda rights are given and a valid waiver obtained. The Court has also held that after a person has invoked the right to remain silent or to consult with an attorney, interrogation must cease and may be resumed only under certain conditions. Police compliance with these rulings requires a clear understanding of what communications between police and persons in custody do and do not constitute interrogation. Court rulings indicate that crime-scene inquiries do not constitute interrogation so long as they are reasonably related to the facts of the crime and not to the questioned person's possible culpability. Questions normally attendant to arrest and custody are not considered interrogation by the courts. These questions pertain to the arrestee's personal history and background and are standard when a person is arrested or incarcerated. Also, when an accused person asks police a question and the police provide the information requested, such communication is not considered interrogation. 59 footnotes.