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

Hey guys, it's Anthony here, bringing in a roadside chat from the road. Actually, I'm in Joplin, Missouri this weekend. It's actually really nice to be out here. And it's a beautiful place. So this question comes from an officer in Alabama. And he says, Can a subject be interviewed after invoking Miranda, on a separate case, by a different agency. And so the kind of the backstory is a suspect was arrested by a neighboring department. They went into interview him, but he said he wants to have an attorney. Now, this officer wants to read, you know, give him Miranda again, and interview him on a different case.

And here's the answer, the answer is that according to the US Supreme Court, this guy is off limits for any interview, regarding anti any crime for 14 days, post Miranda custody, alright. So this rule makes a little bit difficult for cops to get to interview people after they invoke the right to counsel. So there's a couple things going on. Number one is this 14 day rule, the 14 day rule comes from a US supreme court called Chester, where they made a bright line rule normally Supreme Court that doesn't make bright line rules, but here they did. So it's a bright line rule that if the guy invokes the right to counsel, he's off limits for 14 days, post Miranda custody, what does that mean? Post Miranda custody? Well, being in Miranda custody is a totality of circumstances tests that ask whether or not a reasonable person would believe custodial, like arrest exists. And the cops are asking questions, which are likely to elicit an incriminating response. So that's kind of like your arrests, you know, during the booking process, and so forth. But when does a person leave Miranda like custody? Well, if they're released from jail, certainly, that is easy. If they're put into general population, we don't have a lot of court cases on this. But if they're put into general population with other inmates, and they're going to be held for a while, this is not like a holding cell. But this is like their new home until they get bail money, or maybe they're just waiting trial, there's the best argument is that they are not in arrest, like custody at that point, because jail is now their home, we certainly know that. That prison is the person's home, and a person is not in Miranda custody, while they're serving a sentence in prison, it's less clear in jail, but I think the best advice I have for you is that, you know, let the person you know, if he's in general population, you know, let him have his 14 days, and then re mirandize him and see if he will talk now you don't need to talk to an attorney if you're talking about a different crime. But if you're talking about the same crime or any criminal act, you know, any crimes that can be related to that one he's been held on, he's off limits, period, basically, until he talks unless you have his attorney present, and the PERT and the attorney signs off on it. This rule sometimes has consequences that are not really logical like so for example, the cop here wants to talk to a guy about a different crime different agency. But yet, he's off limits for 14 days. ,,

When it comes to law enforcement training, we are the gold standard, visit blue to gold.com or call 888-579-7796 to learn more about our training books and free webinars Also don't forget to like, subscribe and share this channel