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Allowing consent to be withdrawn, the court reasoned, would encourage the smuggling of contraband into prisons by providing a secure escape to the smuggler. During the course of a search an officer may develop reasonable suspicion or probable cause; once this has been developed the individual loses the right to revoke consent.
In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials.
The accused may not be compelled as a witness against himself in criminal proceedings, and therefore only voluntary statements made to police are admissible as evidence. Prior to an accused being informed of their right to legal counsel, any statements they make to police are considered involuntarily compelled and are inadmissible as evidence ...
Any statement you do choose to provide may be used as evidence in criminal and/or administrative proceedings. The Garrity warning helps to ensure the subject's constitutional rights , while also helping state or local investigators preserve the evidentiary value of statements provided by subjects in concurrent administrative and criminal ...
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Arizona, 451 U.S. 477 (1981), is a decision by the United States Supreme Court holding that once a defendant invokes his Fifth Amendment right to counsel, police must cease custodial interrogation. Re-interrogation is only permissible once defendant's counsel has been made available to him, or he himself initiates further communication ...
The bar against compulsory disclosure prior to the testimony of the witness whose statement is sought cannot be circumvented by resort to the Freedom of Information Act, [36] or Rule 16 of the Federal Rules of Criminal Procedure. [37] It is left to the discretion of the trial court to determine whether Jencks material can be delivered before trial.
The investigation began after Elkins' family reported her missing on Friday, Jan. 3. Police found information indicating that Elkins' was at Booker's residence in Roseville, per the statement.