Episode notes
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Hey guys, Anthony Bandiero Here attorney, Senior Legal instructor letter roadside chat. And our question comes an officer from Texas.
Can a person in police custody provide consent to search without violating Miranda?
The answer is yes. Here's why. Miranda only applies for the three conditions. The person is in arrest like custody. One. Number two, the officer is asking questions, which is foreseeable that they would that the answers would incriminate the person? Right? To the right. And number three, we're talking to a known officer that the suspect knows he's talking to a police officer versus an undercover agent. Well, we're missing something here. If Okay, we have in custody arrest like casies Actually backup I didn ...
Keywords
search seizure police training constitution