Furthermore, there are notices posted throughout the building that the person is being recorded. Second, police always record these things.
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However, I don't know what the procedure is for challenging Miranda (i.e., whether it can be done at trial or only on appeal). That said, was she was called in for basic questioning or was she arrested? Was she free to leave? Was the officer asking routine questions? No Miranda violation. If it starts to get serious, then Miranda is relevant. Factual investigations are basic things like looking for an alibi, getting information about what they know, asking about witnesses, etc. Police cannot however question someone specifically with the intent to have them admit fault and attempt to circumvent Miranda, but this is a question up for motions in limine or appeal. I can't watch the video right now, but I just want to note that testimony which violates Miranda is still admissible for impeachment.Īnyway, if it is a merely factual investigation (i.e., a fishing expedition for facts) and the person is "free to leave," then it is not a coercive environment which would require Miranda warnings.
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