In this scenario, the officer needed to mirandize the suspect because the suspect’s answer to the officer’s question would tend to incriminate him in the crime. The suspect had a right to be informed of his right to legal counsel before answering any questions pertaining to his possible involvement in a crime. If the officer informed the suspect of his rights before questioning him and the suspect chose to waive those rights and answer the officer’s question, then that information could be used against him in court.
In addition, if the suspect made a spontaneous statement without being asked a question (e.g., “Man, I didn’t mean to do it.”) that statement can be used against him in court because the officer did not directly ask him a question. |
Scenario 1: Police officers place two suspects in the back of a patrol car, leaving the door open. The officers overhear the suspects’ conversation in which they say, “It was stupid to steal those bikes.” | ||