The Seibert Two-Step Interrogation Tactic
The use of a two-step interrogation tactic, obtaining a full un-Mirandized confession before seeking a Miranda waiver and a second confession, precludes a finding that the waiver was knowingly and intelligently made.
Warrantless Searches of Vehicles; Searching Cellphones; Questioning In-Custody Witnesses
The Automobile Exception to the search warrant requirement allows for the warrantless search of a vehicle when officers have probable cause to believe it contains evidence of a crime. Searching cellphones requires a search warrant. Miranda does…
Detentions, Consensual Encounters, and Patdowns for Weapons
A detained individual may be subjected to a patdown for weapons only when there is a reasonable suspicion to believe that he may be armed. A full body search requires probable cause to believe the subject possesses contraband or other evidence of a…
Searches Within the Curtilage of a Home
Warrantless searches within the curtilage of one’s home must be supported by both probable cause and exigent circumstances.
Qualified Immunity, A Suspect’s Right against Self-Incrimination, and Due Process
Officers are entitled to qualified immunity from civil liability unless the rules violated are clearly established. A confession after a clear and unequivocal invocation of one’s right to counsel is inadmissible at trial. Interrogation tactics…