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Hello law enforcement officers, it's Anthony Bandiero, here with blue to gold law enforcement training. And today we're going to ask whether or not police can insert an undercover officer or a confidential informant into the jail setting to speak to the suspect about the crime for which they have believed to have committed without Miranda. And the answer, generally speaking, is yes, police can do this. Why? Because the coercive atmosphere that the Supreme Court is trying to prevent without a person volunteer voluntarily and knowingly waiving their rights, the right to silence is not present under those conditions. Right. When we're in the police academy, we learned very early on in our young police academy career that in order for Miranda to apply, you need custody, plus interrogation by police officer. Well, it's interrogation by a known police officer. If you have somebody in jail, and they think they're talking to a friend, like the confidential informant, or they're talking to a fellow cellmate, the undercover officer that has no coercive atmosphere there, because they think they're talking to somebody on their level, they're not talking to a police officer looking to build evidence against him. So, therefore, Miranda doesn't apply. There are two caveat that you have to keep in mind when it will apply. The first one is under the Fifth Amendment if they have invoked their right to counsel, if while you're arresting the person, you read a Miranda, and they say, You know what I want my lawyer, you can't get around this by putting a confidential informant in the cell with them. They have that once they say they, they want their lawyer, they're going to get their lawyer and the only way around that is if they initiate conversation with you about their crime. So them asking, Hey, I want my attorney and then later asking, Hey, how long am I going to spend in jail? Or what is my bail? That's not going to work that has nothing to do with the general crime for which they are accused of. But if they say, Hey, you know what, I do want to talk to you about the sexual assault, then they've opened up conversation again, and you can give them a new Miranda, right, fresh Miranda, and then get a waiver, preferably in writing. So that's, that's one caveat where this would not apply. The other one is under the Sixth Amendment. Once they have an attorney appointed to them, you can't talk to him about the climate issue. You can't talk about the crime that they've been charged with, or any related, possibly another crime that has the same Nexus as the one that they are accused of. So for example, if they are arrested for an armed robbery where a death occurred, but they have not been charged with the felony murder, you cannot obviously talk to them about the felony murder, even if has nothing to do with the actual armed robbery. That whole that whole Nexus that whole, you know, the facts, the crime that they are accused of. That's all off limits, that doesn't apply to any unrelated, uncharged crime for which a lawyer has not been appointed. So just think about that. I hope this helps Miranda, you know, I find that a lot of officers do have the basics down. But when it comes to some of these winding roads of different issues, Miranda can be actually quite complicated...