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SEARCH, INTERROGATION AND DETENTION

NCJ Number
52349
Author(s)
J ECONOMIDES; K SMITH; R B GULLATHER
Date Published
1975
Length
0 pages
Annotation
IN THIS TRAINING FILM FOR LAW ENFORCEMENT PERSONNEL, CONSTITUTIONAL ISSUES RELATING TO SEARCHES IN DETENTION SITUATIONS, PROBLEMS IN INTERROGATION, AND EVIDENCE OBTAINED BY PRIVATE PARTIES ARE DISCUSSED.
Abstract
THE FILM IS INTENDED TO INFORM LAW ENFORCEMENT OFFICERS OF THE RULES RELATING TO NONTESTIMONIAL EVIDENCE, WITH EMPHASIS ON RECENT COURT DECISIONS CONCERNING CUSTODIAL ARRESTS, INTERROGATION TECHNIQUES, AND EVIDENCE GATHERING BY PRIVATE CITIZENS. FEDERAL AND CALIFORNIA STATE CONSTITUTIONAL GUIDELINES GOVERNING THE SCOPE OF ALLOWABLE SEARCHES FOLLOWING NONCUSTODIAL ARRESTS (TRAFFIC CITATIONS) AND CUSTODIAL ARRESTS ARE REVIEWED AND CONTRASTED. LEGAL DEVELOPMENTS IN THE AREA OF PROPER INTERROGATION PROCEDURES ARE DISCUSSED WITH ATTENTION TO MIRANDA WARNINGS, THE RIGHT TO A LINEUP, VOICE AND HANDWRITING SAMPLES, AND SITUATIONS INVOLVING THE WAIVER OF FOURTH AND FIFTH AMENDMENT RIGHTS. FINALLY, THE ADMISSIBILITY OF EVIDENCE OBTAINED BY PRIVATE PARTIES (E.G. PRIVATE SECURITY OFFICERS) IS DISCUSSED, WITH EMPHASIS ON JUDICIAL DECISIONS HOLDING THAT MIRANDA RULINGS DO NOT APPLY TO SEARCHES, ADMISSIONS, AND CONFESSIONS UNDERTAKEN OR OBTAINED BY PRIVATE CITIZENS. A SYLLABUS AND LESSON PLAN ARE INCLUDED. (KBL)