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Miranda violations depend on whether the cop's words and actions might reasonably elicit an incriminating statement.

By Marks & Katz, LLC

   Bill of Rights (From public domain.) Yesterday, Maryland's intermediate appellate court confirmed that, absent a Miranda  waiver, a suspect?s statement must be suppressed where ?any reasonable police officer could have reasonably anticipated that [the suspect] would respond to the substance of [a police officer?s accusation], and that the response could be incriminating.?  Adams v. Maryland, _ Md. App. _ (May 26, 2010). http://mdcourts.gov/opinions/cosa/2010/1204s07.pdf . Adams explained:  Consequently, regardless of whether the detective acted in good faith in initiating this meeting outside the presence of Adams?s counsel, this encounter was the functional equivalent of interrogation. Blake v. State, 381 Md. 218, 236 (2004) (?Actions taken by the police that the police should know are reasonably likely to elicit an incriminating response from a suspect amount to the functional equivalent of interrogation...continue to full post

Full post as published by Underdog on May 27, 2010 (boomark / email).