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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 basic position is adverse inference may not be drawn about the defendant's culpability, where he/she does not answer police questions. While this is the common law position, it is buttressed by various legislative provisions. Some investigations can strip the right, such as those undertaken by the Independent Commission Against Corruption.
Passengers can also ask if they are free to leave. “If the officer says yes, sit silently or calmly leave,” the ACLU says. “Even if the officer says no, you have the right to remain silent.”
Berghuis v. Thompkins, 560 U.S. 370 (2010), is a landmark decision by the Supreme Court of the United States in which the Court held that, unless and until a criminal suspect explicitly states that they are relying on their right to remain silent, their voluntary statements may be used in court and police may continue to question them.
Police may question a person detained in a Terry stop, but, in general, the detainee is not required to answer. [15] However, many states have "stop and identify" laws that explicitly require a person detained under the conditions of Terry to identify themselves to police, and in some cases, to provide additional information.
Hagerstown Police Chief Paul Kifer, in a phone interview, said the Watch Center is one of the ways Hagerstown Police does its job during a time when it's difficult to recruit and retain officers.
The streets in London were dark and had a shortage of good quality artificial light. [1] It had been recognized for centuries that the coming of darkness to the unlit streets of a town brought a heightened threat of danger, and that the night provided cover to the disorderly and immoral, and to those bent on robbery or burglary or who in other ways threatened physical harm to people in the ...
Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011) is a case in which the United States Court of Appeals for the First Circuit held that a private citizen has the right to record video and audio of police carrying out their duties in a public place, and that the arrest of the citizen for a wiretapping violation violated his First and Fourth Amendment rights.