Custody, Detentions, and Miranda Warnings

Hey Vampire Nation,

No matter how long an officer (or above) has been working there are always questions regarding Miranda. We all know the Miranda case, if you don’t use this information to look it up Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966). Now Miranda set forth rules about questioning a suspect who is in custody. This article will discuss the issues of custody versus detention.

There is a very simple formula used to decide if Miranda Warnings are called for, it is

Cops + Custody + Interrogation = Miranda Warnings.

Now let us break this formula down.

Cops
Ultimately with the Miranda decision the Supreme Court leveled the field in regards to cops questioning suspects who are in custody. The police have to let the suspect know the rules before questioning can begin, which takes the power away from the police.
Who are the cops? Cops are anyone the suspect knows as a police officer. This definition does not pertain to confidential informants (CI) or undercover police officers (UC).

Custody
Custody in terms of the Miranda decision and the above formula means an arrest or its functional equivalent. If a custodial arrest has not been made then Miranda does not apply.

Key Terms:
Custody: Means they are going to jail, being issued a criminal citation, or a given a Notice to Appear and you are charging them with a crime. Example- Arrest

Detention: Means you are seizing them on a temporary basis. Example- Terry Stop

Now it is important to understand that a temporary detention can turn into a custodial situation (arrest) with the addition of certain facts and circumstances. A custodial situation (arrest) can not turn into a temporary detention.

Interrogation
Interrogation as used in this formula and with Miranda means anything likely to elicit an incriminating response from the suspect in custody. Telling the suspect a story, showing pictures, or asking direct questions that are intended to provoke a response from the suspect are not allowed.

Key Term:
Interrogation: Means anything done by an officer that is reasonably believed to produce an incriminating answer or response from a suspect in custody.



Scenarios

Consensual/Voluntary Encounter
A police officer approaches an individual and asks to speak with him. The subject is not required to stop or talk to the officer. Based on the consensual encounter the officer has not detained or taken the subject into custody.

Terry/Investigative Stop/Detention
A police officer may actually seize an individual during a Terry type stop. The officer can demand the subject stop and detain the person. Based on the Terry Stop the officer has detained the individual, but has not taken the subject into custody.

Note: Based on certain facts and circumstances the officer may have a plan to arrest the subject in the above situations once they are finished talking. As long as the officer has not let the subject know they are going to be arrested then Miranda does not apply. The officer’s subjective intent, what is in the officer’s mind, does not matter. The only question that has to be answered is “would a reasonable person believe they were under arrest” based on the objective facts of the situation.

Arrest/Custody
A police officer arrives on the scene of a battery. The police officer speaks with the witnesses and the victim to obtain specific facts and circumstances about the call for service. The witnesses and the victim tell the officer the suspect hit her for no reason. After receiving these statements, the police officer places the suspect in handcuffs and tells him he is under arrest. The suspect is now in custody and any questions asked of the suspect that stray from “routine booking questions” must be asked after the suspect has been read his rights per Miranda and has given a voluntary waiver of these rights.

Here is the same situation with something different. A police officer arrives on the scene of a battery the police officer speaks with the witnesses, the victim, and the suspect to obtain specific facts and circumstances about the call for service. The witnesses and the victim tell the officer the suspect hit her for no reason. The officer decides in his mind to arrest the suspect, but before that the officer asks the suspect “Did you hit her?” The suspect replies, “Yes.” The officer then places the suspect under arrest and his answer to this question is admitted into court.

In conclusion
When confusing questions regarding Miranda surface just remember the following simple formula:
Cops + Custody + Interrogation = Miranda Warnings

When confusing questions surface regarding Custody remember these key definitions:

Custody =Means they are going to jail, being issued a criminal citation, or a given a Notice to Appear and you are charging them with a crime. Example- Arrest
Detention = Means you are seizing them on a temporary basis. Example- Terry Stop

Be safe out there and remember “We intimidate the night”.

CCMason

Prosecution Issues with Drug Related Cases

Hello Vampires,
This Weeks Continuing Education Link: http://www.mctft.com/The Multijurisdictional Counterdrug Task Force Training offers LEO’s the opportunity take numerous online courses relating to drugs and their culture. The courses are interactive, independent study (no instructor), and upon successful navigation of each course, they offer a Certificate of Completion good for 16 training hours.

Vampire Nation,

Today I attended a Drug Conference in the Orlando, FL area. One of the topics covered was "Prosecution Issues with Drug Related Cases. The other officer I was in the conference with decided to attend another topic and we would share notes after the course.

The speaker was from the SA office and had multiple years dealing with undercover "UC" and other types of drug case prosecution. We covered a few topics pertaining to case law and then we entered the heart of the topic. The SA told us that there are many challenges associated with drug offenses. Many of these challenges are usually created by juries.

CSI Factors
Many of the people who actually show up for jury duty do it because they think they are going to see some incredible technology like they do on the CSI TV shows. The problem with this is that many of our drug cases are simple "buy busts" or possession cases. There is really nothing fancy about these simple cases.

The SA asked us to do the following to help increase jury involvement and increase our drug case conviction rate. They include:

• Print baggies and containers


• Photograph and/or video the location


• Make sure recordings are audible


• If you don't tape make sure you have a good reason why Ex. Equipment wasn't available


• Make sure to include diagrams and/or maps to give the jury something to hold and give the SA something to present.

Now lets look at collection of evidence. Here are some basic, but essential questions you should answer in your incident report regarding evidence collection:

• Where was the evidence found?


• Who found the evidence?


• Who else touched the evidence?


• By who and how was the evidence collected?


• Photograph the evidence before moved and after moved,


• Record details and nearby objects.


• Write legibly on evidence labels and receipts.

Constructive Possession

If the drugs you have found are not physically on the person you are charging with the drugs you are stating they are in constructive possession of the substance. There is case law that lists the essential elements that have to be met for the constructive possession charge to stick. They include:

• The ability to control the substance


• knowledge the substance was in their presence


• knowledge of its illicit nature

If these elements are not met then you will more then likely lose your constructive possession case. To get this charge to stick then you must have very strong circumstantial evidence.

Confidential Informants

This area will be covered in detail in a later blog post.

Substantial Assistance

We are lucky enough in Florida to have mandatory minimums for persons convicted of trafficking drugs. These minimums can be reduced by the SAO if "information" is received from the person charged. Penalties can be reduced, but not eliminated.

Drug Case Reports

We all know that our reports are really intended to remind us of the case when/if it goes to trial. What we sometimes forget is that a great descriptive report will keep us out of court almost 99% of the time. The report must be very descriptive and contain distinctive details that will help you remember the case. Make sure to include more then just the essential elements of the charges. In drug cases, you must include preliminary negotiations and contacts not just the drug deal.

Additional Evidence

Many times you have to go the extra mile to make sure your case is "not filed". Some of these extra mile items include:

• Getting a statement from the defendant. Even if he is not confessing make sure to document what lie he/she is telling now. Many times this will limit how creative the defense attorney can get if it goes to trail.


• Patrol Car Tape/Video recording. Let it run and see what you get.


• Subsequent knock and talks at the suspects residence. Speak to the spouse/partner and ask for consent to search.


• Obtain telephone and computer records if available.

Consent Searches

If you get oral consent you must have a witness, recording, or written consent. Many juries do not believe that people give the police consent. You may have to prove this one and it is better to prepare for this before the situation occurs.

Many times a warrant is not needed and consent will legally do. Search warrants are technical documents and you are limited in your scope during the search.

Case Closed

Most times after we make an arrest we think of the case as being closed. For the SAO the case is just beginning. Officers must stay in contact with the SAO to alleviate any issues that develop. If CI's are used make sure you can find them.

And REMEMBER THIS

BRING YOUR REPORT AND ALL EVIDENCE TO COURT WITH YOU.

I think some great issues were covered during this course and I have many other courses to add to the blog in later posts. Most of this was a refresher, but you can't ever hear a good idea too many times.

Until next time remember: We intimidate the night.

CCMason

Passenger Side Approach

Hello Vampires,

This Weeks Continuing Education Link: http://www.mctft.com/
The Multijurisdictional Counterdrug Task Force Training offers LEO’s the opportunity take numerous online courses relating to drugs and their culture. The courses are interactive, independent study (no instructor), and upon successful navigation of each course, they offer a Certificate of Completion good for 16 training hours.

By Christopher Mason
Training/Product Development
Vampire Squad

Vampire Nation,
During the holidays, I enjoy driving with my family from central Florida to central Louisiana. The open road gives me the chance to clear my head and observe other law enforcement officers along the route. One thing that I see over and over again is LEO’s making driver side approaches during traffic stops. Why do we continue to do this? I know at some point in time we all have been given the stats of LEO’s killed or injured during driver side approaches so I won’t beat a dead horse with the sickening numbers. It disgusts me to see an LEO make a driver side approach with their back to on coming traffic when the passenger side approach is completely open.

What are the three ways you can make contact with the driver of a vehicle during a traffic stop?

Driver’s side approach
Passenger’s side approach
Driver call back.

Today let us discuss the benefits of the passenger’s side approach.

Occupants in the vehicle do not expect you to approach on the passenger side and usually you will startle them.

You are away from the traffic lane and are less likely to get struck by a passing vehicle. (Remember the training videos where the LEO gets hit by a passing vehicle?)

When you approach you can see everything the driver is trying to hide or conceal.

You have more reaction time, and a vehicle between you, if the driver or passengers get froggy.

You get a clear unobstructed view into the passenger area and the glove compartment.

You have increased reaction time if you ask the driver to step out of the vehicle.

Many DUI officers preach the driver’s side approach because of the smell of the impurities of the alcoholic beverage coming from the driver. The response to that thinking is there are many other clues during the traffic stop and the interaction with the driver that will give you enough clues and totality of circumstances to conduct a complete DUI investigation.
Of course, these are only a few of the benefits of making the passenger’s side approach and I’m sure the Vampire Nation will have many to offer. The only thing I ask, AND CHALLENGE YOU TO DO, is for one night make nothing but passenger’s side approaches and see how many drivers and passengers you surprise.

Let me know what you find out. Remember: We Intimidate the Night.

CCMason