Does Miranda apply to consent searches?

The Search & Seizure Show by Anthony Bandiero

Episode notes

The following is a computer-generated transcription, some grammar and spelling errors may be inherent

How're you doin? Law enforcement officers? It's Anthony Bandiero, here with Blue to Gold law enforcement training. And today we're going to ask whether or not you can obtain consent to search from somebody who has invoked their right to silence on the Miranda?

And the answer is yes, you can. And the reason is because Miranda protects testimony, right? It doesn't protect citizens or a suspect from using physical evidence against them. So the point here is that Miranda does not protect the act of giving consent to search because that consent the search has to do with physical evidence and not testimony. So very simple question, even a simpler answer. I hope this helps. Now, just also realize that if somebody has invoked the right to si ... 

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Keywords
search seizure police training constitution