Vincennes, IN asked in Criminal Law and Domestic Violence for Indiana

Q: I'm looking for case law concerning Miranda warnings.

I'm looking for references for case law concerning when law enforcement must read a Miranda warning on scene of a domestic battery. I am a law enforcement officer and I was told by a co-worker that Miranda does not need to be issued at the scene of a domestic battery because there's case law saying that it might cause a potential victim to shut down and refuse to give a statement. Even if they are not going to be arrested in the end, they will still feel accused. The argument makes sense but I wanted to verify that it is true. I have been doing research and I've been unable to find case law in reference to this. Could you please tell me if there is such case law and what is the name? I would like to familiarize myself with it so I do not start not reading Miranda and violating rights of accused and causing DV victims to feel victimized all over again because I made a poor choice and their attacker walks. Thank you

1 Lawyer Answer
Andrew L. Bennett
Andrew L. Bennett
  • Criminal Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: I applaud your wanting to do it correctly. Look at Lexis or Westlaw to find Indiana cases that follow Miranda. Why isn't the prosecuting attorney giving you direction? Also, you should ask the attorney for the department, ie City or County Attorney. Does the department have an SOP?

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