Law Enforcement-Arranged 'Controlled Calls' Violate Suspects' Rights
For too long, a suspect's rights to know when he or she is being interrogated and to have an attorney's presence at police-orchestrated questioning have been brushed aside so that detectives can devise a ruse to coerce a confession, Paul Townsend and Sarena Townsend write.
July 14, 2024 at 04:26 PM
5 minute read
With the increasing popularity of television shows and movies about the criminal justice system, Miranda warnings have become thoroughly enmeshed in American culture. Virtually everyone knows that there are certain warnings police must give you if they bring a suspect down to the precinct for interrogation or to take a statement. A person has the right to remain silent, the right to have an attorney present during questioning, and to know that statements made may be used against the suspect at trial. Our society takes for granted that the police know and respect the rules which dictate that every suspect has to be advised of these rights before an interrogation and that if the suspect declines to waive those rights, that the police must stand down.
But what if the police could get around these rules? What if they could find a way to elicit incriminating information from you, and even record it, without your knowledge that you are being interrogated and without giving you those Miranda rights? This is the basis of the "controlled call."
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