The following is a computer-generated transcription, some grammar and spelling errors may be inherent

Hey guys, it's Anthony Bandiero here with blue to go Law Enforcement Training. This week I'm in Independence, Missouri, doing advanced search and seizure. If you're interested in this training, and you want me to come to your agency, shoot me an email on blue to gold.com

 Alright. Today's question is, when is Miranda required during a detention? So first of all, this is a little bit of a pet peeve of mine, because when I go around the country, many officers tell me that Miranda is required when the person is not free to leave. They were taught this. But unfortunately, it's bad training.
And oftentimes, it's the lawyers that are training them to say this, that is not the legal standard, being not free to leave, is a detention. But we know that during the tensions, Miranda is not required. For example, during a DUI investigation, how many times have you read Miranda, to a DUI suspect during fsts? Almost never, because it's a detention and you're you're in the investigative phase. But yet the person is not free to leave. Certainly, if the person turned around and started walking away, you would detain them and probably arrest them for obstruction and so forth. And in addressing for the product DUI as well. But my point is, is they are not free to leave. So but Miranda is not required. Instead, officers need to articulate that it's that Miranda is required, when there's actually three components, one arrest like custody, not free to leave arrest, like custody, number two eminence interrogation. So for example, if you arrest somebody, and put them back in a police car, and you're going to question them at the station, what Miranda is not required at this point, because you're not interrogating him, you're not asking him questions that are reasonably likely to elicit a incriminating response. You can wait for the Miranda until you get to the stage or you can read it on scene, and you will, there it's not going to expire that soon. And finally, the third requirement is known officer.
This makes sense. Because if you have a suspect that is in jail, pre assignment of a lawyer, right, that's when the Sixth Amendment kicks in. But you have somebody in a holding cell a pre arraignment, the 48 hour holds whatever you know, your state does. And you insert an undercover agent into that jail cell and that person
confesses that is valid that can be used against them. So three things, arrest like custody,
imminent interrogation, and known officer, let's go back into the arrest like custody. So there are times when Miranda will be required, even though you have not intentionally made a formal arrest.
Let's say you put handcuffs on somebody implement a backup police car, I mean, more times than not that is going to be arrest like custody, a reasonable person would believe in those circumstances that they were formally arrested. So that's when Miranda is required, pointing a gun at somebody and tell them to get on felony prone. And listen up. I mean, you it's possible that the courts are going to look at that it's just a detention and not arrest like custody, but you better have facts that back that up. So for example, if this suspect is believed to have committed an armed robbery, will that force the pointing the gun and finally prone match the circumstances? So the courts may say, Well, look, that's that's a detention, not an arrest. But you point a gun, and you felony pronoun somebody for stealing a candy bar, that is going to certainly be arrest like custody, and we may have an excessive force claim as well. But that is what I would like you guys to articulate. You know, especially if you're asked in court, because what as I demonstrated one of my classes, if an officer tells the court that Miranda is required when the person's not free to leave,
that can cause a little embarrassing, like, conversation between the defense attorney officer because that is not the standard. And if the officer did not have probable cause
at that particular point, then the officer is basically articulating that he or she committed unlawful arrest it's I'm not gonna go down that road I can explain it to if you want, but my point is this. articulate that it's a rest like custody would a reasonable person in those shoes. Believe
that they have been arrested. If the answer is yes, Miranda is required, even though you may have not intentionally wanted to arrest him yet, but that's just the way it works. I hope this helps hope moving the ball forward. Keep your questions coming. Please subscribe to my YouTube channel and also to legal updates. And you'll you know, you'll be notified when these videos come out and so forth. But until next time, stay safe.
When it comes to legal training, we're the gold standard. Visit blue to gold.com or Call 888-579-7796 today to purchase the search and seizure Survival Guide, register for a class or learn how to bring our search and seizure training to your agency.