Walker & Hemmens: Legal Guide for Police (10th Ed.)
Chapter 8: Questioning Suspects
Introduction
This chapter features an overview of the procedural constraints related to the questioning of suspects
by police officers. Questioning suspects remains a vital aspect of police investigatory practices, but the
police must be sure not to violate a suspect’s rights. This chapter will address such facets as coercion,
right to counsel, and the Miranda rule.
Key Concepts
• The free and voluntary rule and the facets of coercion.
• The Miranda rule and the waiver process.
Key Terms
• Fifth Amendment
• Coercion
• Right to Counsel
Critical Thinking Questions
1. A police officer is questioning a suspect. The officer states, “If you tell me what happened, I’ll
be sure to get you immunity for the charges.” The suspect confesses, and the officer does not
secure him immunity. Is this confession admissible at trial?
2. A police officer is pursuing a suspect who was recently involved in a robbery. The officer
catches the suspect and handcuffs him. The officer asks, “Where is the gun?” The suspect
replies that he “ditched it in a dumpster.” Was this illegal questioning? After all, the officer did
not read the suspect the Miranda warnings.
3. An officer is questioning a suspect. The officer smacks the suspect with a phone book until the
suspect confesses. This confession is undoubtedly illegal. However, the suspect later confesses
to another officer without coercion. Is the second confession admissible and legal?
Guidelines: Most likely not. Once a confession has been coerced from a suspect, all subsequent
Discussion Points
• Why are confessions so important to police procedure?
• If confessions are important, should the Court limit their use?