The Miranda workaround

The 10th Circuit Court of Appeals has upheld a novel technique that Federal agents are using to get around giving criminal suspects their Miranda warnings - simply talk to them casually and pump them for information, send them home, and then go and arrest them, after which their Constitutional rights are finally explained to them.

"A suspect who spoke to a federal agent while sitting in an unmarked car could have her statements used against her because Miranda warnings do not apply to those technically not in custody." (All emphases mine)

Of course, it gets hard to tell when one is "technically" under arrest when one's conversation with the officers occurs under the following conditions:

"Two agents sat in the front seats of the car and another stood guard outside while an agent sitting on the back seat with Jones asked questions about the alleged purchase of a methamphetamine ingredient ... A three-judge panel of the 10th U.S. Circuit Court of Appeals panel said Jones was not in custody because, among other things, she was able to freely leave afterward."

Yeah, because the average peasant is going to just get up and leave while under that level of intimidation.

It's very sad that police officers are resorting to these types of tricks and tactics in the course of their work. Whether one is guilty of a crime or not, their rights as citizens must be respected, but sadly are too often blatantly ignored, as in this case. There is a way, however, to protect oneself from being railroaded into spilling one's guts. One simply needs to remember two important questions to ask law enforcement personnel when they are questioned.*

"Am I under arrest?"

"Am I free to go?"

Because if you're not under arrest, you should be free to go on your way. Otherwise, demand to talk to your lawyer immediately, even if you are completely innocent of any wrongdoing. Unfortunately, there is a long history of police and prosecutors taking completely innocent statements and using them to convict people who had committed no crime. It's best to let one's lawyer sort things out. Trust me, they're better at it than you are.



*Standard disclaimer applies - I am not a lawyer, and this is not legal advice. It is, however, what I plan to say to police officers when I am ever questioned about anything.