Lawson Police Department, You Make the Call
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Modern Policing is an ever changing and often complicated environment. As new laws
and new court decisions are made, Police have to constantly adapt to these changes in
order to make lawful decisions. Often Police Officers are confronted with complicated
and quickly changing situations and are required to make split second decisions. To
be a Police Officer takes experience and constant training to keep up with these ever
changing laws and court rulings.
Now its your turn to make the call and be the Police Officer. Below is an actual situation
where Police Officer's had to make a decision. How would you handle the call?
Officer Jones is on standard patrol when he observes a vehicle that he knows belongs
to Mr. Smith. From previous knowledge, Officer Jones knows that Mr. Smith as an
outstanding felony warrant for his arrest. When the vehicle passes, Officer Jones, he
can clearly see that Mr. Smith is the driver.
Officer Jones conducts a traffic stop on Mr. Smith's vehicle and confirms that there is a
warrant for his arrest. Mr. Smith is then advised that he is under arrest and is placed in
handcuffs. When Officer Jones handcuffs Mr. Smith, he notices the odor of an
alcoholic beverage coming from Mr. Smith and that Mr. Smith had bloodshot eyes.
Prior to advising Mr. Smith of his Miranda Rights, Officer Jones asks Mr. Smith how
much he had to drink. Mr. Smith admitted that he had been drinking and was later
charged with Driving While Intoxicated.
Even though the Miranda Warning was not given, was the DWI arrest lawful and can Mr.
Smith's statements to Officer Jones be used against him in court?
Questioning Without Miranda
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