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INTERROGATION BY FOREIGN OFFICERS - AN EMBARGO ON MIRANDA

NCJ Number
9866
Journal
FBI Law Enforcement Bulletin Volume: 42 Issue: 4 Dated: (APRIL 1973) Pages: 10-13 & 26
Author(s)
D J MCLAUGHLIN
Date Published
1973
Length
5 pages
Annotation
MIRANDA REQUIREMENTS ARE NOT APPLIED TO INTERROGATIONS CONDUCTED BY FOREIGN OFFICERS OUTSIDE THE UNITED STATES.
Abstract
A LIMITED NUMBER OF CASES IN BOTH FEDERAL AND STATE COURTS HAVE CONSISTENTLY HELD THAT AMERICAN COURTS CANNOT EFFECTIVELY CONTROL POLICE INTERROGATION PRACTICES IN FOREIGN JURISDICTIONS. AMERICAN COURTS CAN EXCLUDE CONFESSIONS SECURED WITHOUT THE NECESSARY WARNINGS IF IT IS DETERMINED THAT THE CONFESSIONS WERE COERCED. SOME SUGGESTIONS ARE MADE TO GOVERN THE CONDUCT OF AMERICAN POLICE OFFICERS WHO ARE DEALING WITH SUSPECTS TRANSFERRED FROM FOREIGN CUSTODY.