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Street Cop Podcast

Handcuffing and Miranda

Street Cop Podcast

Street Cop Training

Education

4.9967 Ratings

🗓️ 17 December 2021

⏱️ 18 minutes

🧾️ Download transcript

Summary

In this archive episode, Dennis follows up the question of handcuffing in investigative detention and some of the circumstances where Miranda is required. Recorded on 09/04/2020. If you like what you are hearing and want to stay in the loop with the latest in Street Cop Training, please follow our Facebook Page: https://www.facebook.com/StreetCopTraining

Transcript

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0:00.0

One, one, I can't get a way,

0:02.0

I don't have a way, uh-huh.

0:04.0

Uh-huh.

0:06.0

You trying to be a street cop?

0:10.0

All right, we are IG- Live waiting for Facebook. Catch up. Facebook live now.

0:14.7

There was a spin-off question from last night's video regarding the ability to

0:21.5

handcuff somebody during an investigatory detention and not causing or significantly,

0:27.0

well I don't say significantly, but won't erupt into a full-blown arrest, a facto arrest, you know, and there was things we discussed about what caused that.

0:36.0

There was a spinoff question. I'm going to read it here.

0:39.0

Have it...

0:40.0

Let me just read it, and then I'll address it as I go along. I actually have to open up something else and paste it.

0:46.0

So hold on one second. It had to do with Miranda, by the way.

0:51.0

Like that's what it had to do with. There was some answers given to it but let me elaborate on Miranda a little bit. So this is what it says.

0:59.0

That is with slapping handcuffs on someone during an investigation make the interview custodial in the eyes of Miranda.

1:04.4

It's a very broad question.

1:05.5

So the first question is, and I think he addresses this we go on, is what type of investigation?

1:12.0

We have Berkham v McCarty, which if it's a motor vehicle stop,

1:18.0

I mean really it's always going to depend on the circumstances that surround the incident, right?

1:22.0

So if the motor vehicle stop, people aren't entitled

1:25.0

to having their Miranda Rice recited to them

1:30.5

until the point of an arrest. And then, like like Brazil who's one of our instructors wrote in there

1:37.6

or believes they're in a position that they're not free to leave and will be in custody.

...

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