S2E12 - 5th Amendment (Interrogation)

In this episode of "Legally Speaking," brought to you by the Office of Chief Counsel at the Federal Law Enforcement Training Center, Ken Anderson and John Besselman explore the definition and subsequent nuances that underpin our notion of 'interrogation.'

They explore various situations, including when Miranda Rights are required, the elements constituting custodial interrogation, and the reasons that prevent every sentence-ending question from qualifying as interrogation. This episode also discusses the 'functional equivalent of questioning', delineating famous examples including the 'Christian burial speech.'

The episode concludes with an examination of the sparingly applied 'public safety exception,' an instance where public safety precedence trumps the individual's right to Miranda warnings.

Transcript at Sonix.ai