Posts

Arrest and Patrol Car

All officers hear it, and it’s most likely said many, many times each and every day all across this great land of ours.

It’s a phrase that’s spoken by the wisest of the wise—the soothsayers of the legal world. The top legal minds of the entire universe..

That famous line is typically delivered in a sing-songish manner. Gently and soothingly. Almost like a lullaby.

I’ve heard it more times than I could possibly begin to count. And, I can still hear those kind, soothing words today, and they are …

“I. Know. My. Rights, you fat pig! You gotta let me go ’cause you didn’t read me my rights! Now take off these cuffs … NOW!!!!”

Miranda

When is a police officer required to advise a suspect of the Miranda warnings?

I’ll give you a hint, it’s not like we see on television. Surprised?

Television shows often have officers spouting off Miranda warnings the second they have someone in cuffs. Not so. I’ve been in plenty of situations where I chased a suspect, caught him, he resisted, and then we wound up on the ground fighting like street thugs while I struggled to apply handcuffs to his wrists. And yes, words were spoken once I managed to get to my feet, but Miranda wasn’t one of them. Too many letters, if you know what I mean. Words consisting of only four letters seemed to flow quite easily at that point.

When Is Miranda Required?

Two elements must be in place for the Miranda warning requirement to apply. The suspect must be in custody and he must be undergoing interrogation.

Writers, this is an important detail – A suspect is in police custody if he’s under formal arrest or if his freedom has been restrained or denied to the extent that he feels as if he’s no longer free to leave.

The fellow wearing the handcuffs in the photo below is not free to leave. Therefore, should the officer wish to question him he must advise him of his right to remain silent, etc. However, if the officer decides to not ask questions/interrogate, then Miranda is not required.

arrest-take-down.jpg

I’ve arrested criminals, many of them, in fact, and never advised them of their rights. Not ever. And that’s because I didn’t ask them any questions.

Sometimes officers receive a stack of outstanding arrest warrants for a variety of cases and it’s their job that day to go out and round up those folks. Those officers have no clue as to the circumstances of the crime or case details, therefore they’d not know the appropriate questions to ask. All they know is that the boss handed them a pile of warrants and told them to fetch. This, by the way, is often one of the mundane duties assigned to rookie officers, along with directing traffic and writing parking tickets.

So, the warrant-serving officers locate the person named on the warrant and haul them to jail for processing. The officer who had the warrant issued may or may not question the arrested person at a later time. But the arresting officer, the one who played hide and seek  with the crook for a few hours on a Monday morning is most likely out of the picture from that point onward. So no questioning = no Miranda.

Interrogation

Interrogation is not only asking questions, but any actions, words, or gestures used by an officer to elicit an incriminating response can be considered as an interrogation.

If these two elements are in place officers must advise a suspect of the Miranda warnings prior to questioning. If not, statements made by the suspect may not be used in court. Doesn’t mean the arrest isn’t good, just that his statements aren’t admissible.

Officers do not have to advise anyone of their rights if they’re not going to ask questions. Defendants are convicted all the time without ever hearing that sing-songy police officer’s poem,  You have the right to …

Miranda facts:

Officers should repeat the Miranda warnings during each period of questioning. For example, during questioning officers decide to take a break for the night. They come back the next day to try again. They must advise the suspect of his rights again before resuming the questioning.

If an officer takes over questioning for another officer, she should repeat the warnings before asking her questions.

If a suspect asks for an attorney, officers may not ask any questions.

If a suspect agrees to answer questions, but decides to stop during the session and asks for an attorney, officers must stop the questioning.

Suspects who are under the influence of alcohol or drugs should not be questioned. Also, anyone who exhibits signs of withdrawl symptoms should not be questioned.

Officers should not question people who are seriously injured or ill.

People who are extremely upset or hysterical should not be questioned.

Officers may not threaten or make promises to elicit a confession.

Many officers carry a pre-printed Miranda warning card in their wallets. A National Sheriff’s Association membership card (same design and feel of a credit card) has the warnings printed on the reverse side.

Fact: The Miranda warning requirement stemmed from a case involving a man named Ernesto Miranda.  Miranda killed a young woman in Arizona and was arrested for the crime. During questioning Miranda confessed to the slaying, but the police had failed to tell him he had the right to silence and that he could have an attorney present during the questioning. Miranda’s confession was ruled inadmissible; however, the court convicted him based on other evidence.

Miranda was released from prison after he served his sentence. Not long after his release he was killed during a bar fight.

His killer was advised of his rights according to the precedent setting case of Miranda v. Arizona. He chose to remain silent.

*Some individual department/location policies requires their officers to advise of Miranda at the point of arrest. However, the law does not require them to do so.


 

The Writers’ Police Academy is pleased to present MurderCon, one of the most exciting opportunities ever made available to writers. In fact, the event is a rare one-of-a-kind event that’s never been offered before and may never be offered again.

MurderCon, presented by the Writers’ Police Academy, is a special hands-on training event for writers of all genres, with a specific focus on solving the crime of murder. It’s a unique juncture of fiction and fact at a major source of modern crime-scene investigation technology, Sirchie.

Attendees receive the same instruction that’s offered to, and attended by, top homicide detectives and investigators from around the world. First-hand experience will provide writers with the tools needed to portray crime scene details realistically, and to share with their readers the experience of what it’s like to investigate a murder.

MurderCon’s incredibly detailed and cutting-edge workshops, taught by some of the world’s leading experts, has never been available to writers, anywhere.

Yes, MurderCon is a “Killer” event, and you’re invited to attend!

Sign up today! Not a single crime writer should miss this event. It is that important to your work!

Interrogation classes at MurderCon taught by renowned expert, Paul Bishop.

Novelist, screenwriter, and television personality, Paul Bishop is a nationally recognized behaviorist and expert in deception detection. He spent 35 years with the Los Angeles Police Department where his high profile Special Assault Units regularly produced the highest number of detective initiated arrests and highest crime clearance rates in the city. Twice selected as LAPD’s Detective of the Year, he currently conducts law enforcement related seminars for city, state, and private agencies. Paul has written numerous scripts for episodic television and is the author of fifteen novels, including the award winning Lie Catchers and five books in his LAPD Homicide Detective Fey Croaker series.

* Paul’s appearance at the 2019 MurderCon event is sponsored by bestselling author Kendra Elliot.

I admit, I was not aware of the Writers’ Police Academy until Longmire author Craig Johnson posted the upcoming event on his Facebook page. My curiosity led me to check out the WPA website, and I was hooked. As an aside, it is my dream to become a successful crime/mystery author. I grew up in a law enforcement family, and my role models as a boy were deputies and state troopers. More lacking in my repertoire is actual hands-on training in police procedures and methods, so the prospect of just such an experience was exciting, to say the least.

During the registration process, I had some choices to make, including the purchase of souvenir items, meal selection for the closing banquet, and an optional entry in the “Golden Donut Short Story Contest” (more on that later). The registration sells out quickly, I might add, as well as the block of rooms reserved by the conference, so procrastinators may come up short!

Ry Brooks

The real challenge came when my wife noticed I had signed up for the 2017 WPA conference.

“You’re doing WHAT?”, she asked.

“I’m going to the Writers’ Police Academy in Green Bay, Wisconsin.”

“Umm hmm.”

“No, seriously. It’s a great way to learn the details of police procedure. Also, I might get to drive a police car in emergency scenarios. Every kid’s dream!”

“So, is it a course on writing?” She was confused.

“No, not exactly. It’s a learning environment for authors to help them inject more reality into their writing.”

“Shouldn’t you get established as a writer first?”

“What’s the fun in that?”

I was registered for the conference, had requested my preferences from among the most popular workshops, and had just one thing left to do. The “Golden Donut” short story contest entries are strictly limited to exactly 200 words, not 199 or 201. My first draft was exactly 200 words, counting contractions, and it was a great story (in my mind) but for one thing – I had somehow overlooked the requirement that the subject of the story had to follow a specific provided photograph. That first effort thus was deemed a practice run, so I wrote a couple more for submission that fully met the contest rules. Truth be told, I had some concern that my fledgling foray into mystery writing might prove an embarrassment. It was comforting, however, that the identities of the submissions are kept anonymous from the judges, so if my entries were bad, I would be anonymously awful.

The first day of the conference opened with a choice of workshops, the Kooky Cop Carnival or Drones!, and I chose the latter. I later heard I’d missed some comic moments involving famous authors’ hijinks in the other workshop. Never mind, the drone presentation was awesome!

Opening ceremonies included a blessing and wonderful ceremonial dances from the Oneida nation representatives.

Oneida Nation dancers

The conference hotel, along with many of the training facilities, are situated on Oneida native lands and many of the instructors are associated with the Oneida Nation police. Host Lee Lofland opened the conference with introductions and orientation, and we were treated to writer Lisa Klink (Star Trek), who related how she went from a wanna-be script writer to having her work produced on screen.

Day two began in earnest on the campus of Northeast Wisconsin Technical College, with an exciting traffic stop takedown and wounded officer extraction demonstrated by the police instructors. After things calmed down, I proceeded to the Blood Spatter Analysis workshop (shades of “Dexter”!) — and discovered most of what I “knew” was wrong!

Bloodstain pattern investigation workshop #2017WPA

This was to be a recurring theme, and that is part of why the WPA began. We were able to participate in a realistic simulation that graphically demonstrated the way blood droplets can indicate height of the assailant, the type of weapon, even whether an attacker was right or left handed.

Bloodstain pattern session. Dexter-style

I noticed some, if not all, of the invited presenters were also participants in the WPA workshops. Many of them are published writers themselves with years of experience, but the lesson is, what you think you know may not be what you should know. I heard over and over, from conference attendees and seasoned authors, “Wow, I wish I’d known that before I wrote…”.

Over the course of the Academy, I had the chance to learn the history of police firearms, techniques of fingerprint analysis, and arson investigation scenarios, including a live demonstration fire set deliberately and surreptitiously. I got to fulfill the fantasy of driving Pursuit Intervention Technique maneuvers and received hands-on training in emergency driving situations and arrest takedown techniques.

PIT Maneuver – #2017WPA

In fact, I enjoyed being a passenger in the PIT target vehicle so much, I volunteered for extra rounds. If there was a ride at Disney World like that, it would have a five-hour waiting line.

One evening, we heard from master interrogator Paul Bishop. You guessed it, most of what we see and read of police interrogation is less than accurate. Following that was a sobering presentation of officer-down scenarios and the equipment used in those situations.

Our last full day culminated in the banquet and “An Evening With Craig Johnson”. I have had the privilege of hearing Mr. Johnson speak before, and it is always entertaining, humorous and thought-provoking. Frankly, I am a big fan of the Longmire Mystery novels and the opportunity to meet authors such as Craig Johnson and Tami Hoag was a big draw for me.

Craig Johnson and Tami Hoag

Oh, yes, I almost forgot. My “Cinderella story” as a first-time participant in the Writers’ Police Academy wouldn’t be complete without mentioning the results of the “Golden Donut” short story competition. No, it wasn’t a Hollywood ending — I didn’t win the top prize. I got Third Place, which was a Pulitzer, far as I’m concerned. See, even if you haven’t been to the WPA before, you can have beginner’s luck! That’s my story, and I’m sticking to it.

In the world of make believe, the place that exists in the minds of writers and readers alike, THIS is how the story begins … for the savvy writer. So go full screen, crank up the volume, and hit the play button. Oh, and please do watch to the very end (after the credits). You know how I like twists and surprises!

 

For details – Writers’ Police Academy