Under what circumstance might the Miranda rule be ignored legally?
The suspect is being asked questions that are standard booking procedures. The situation involves an emergency hostage situation or negotiation. The person is unaware that they are speaking with a police officer. The police questions is necessary for preserving public safety.
What does the Miranda decision require law enforcement officers to do in those circumstances?
The Miranda warning (from the U.S. Supreme Court’s Miranda v. Arizona decision), requires that officers let you know of certain facts after your arrest, before questioning you. If you do say anything, it can be used against you in a court of law. You have the right to have a lawyer present during any questioning.
What can you search for under Section 1 pace?
Section 1 of PACE provides the police with a power to stop and search a person or vehicle where they have reasonable grounds to suspect that they will find prohibited items, including offensive weapons such as knives, stolen articles, equipment related to the commission of certain offences and fireworks.
What can be searched under PACE?
Power – under section 1 of the Police and Criminal Evidence Act (PACE 1984) – a constable can stop and search any person or vehicle.
Who can Authorise a Section 60 search?
Section 60 searches can only be carried out if authorised by a senior police officer who must be at least the rank of Inspector. The authorisation usually lasts for 24 hours – although it can sometimes be extended.
What is Section 163 road traffic?
163Power of police to stop vehicles (1)A person driving a motor vehicle on a road must stop the vehicle on being required to do so by a constable in uniform. (2)A person riding a cycle on a road must stop the cycle on being required to do so by a constable in uniform.
What is section 4 of the Road Traffic Act?
Under section 4(1) of the Road Traffic Act 1988 it is an offence for a person to drive or attempt to drive a motor vehicle on a road or other public place whilst unfit to drive through drink. Driving whilst unfit through drink is a serious offence.
What is Section 165 of the Road Traffic Act?
Valid driving licence (Section 165 seizures only) The person who will drive the vehicle away from the pound must have a valid driving licence; if that person is a provisional licence holder, the person supervising must have a valid licence.
What is Section 170 road traffic?
1 Section 170 of the Road Traffic Act 1988 (“the Act”) requires drivers involved in certain traffic accidents which occur on the road or other public place to report the accident in person at a police station, or to a constable. 2 Reporting accidents in person puts burdens on drivers, businesses and police forces.