Should courts consider 18 U.S.C. s. 3501 sua sponte?

Article Abstract:

Courts should consider 18 USC 3501 sua sponte in Miranda cases since the statute falls within the courts' separation of powers authority to consider arguments not raised by the parties. Congress passed section 3501 with the intent of abolishing the Miranda warning with a doctrine of voluntary confession under a totality of the circumstances test. Although courts normally invoke sua sponte for subject matter jurisdiction issues, the doctrine is valid within a criminal justice context.

Analysis, Separation of powers, Judicial power

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Reciprocity on the streets: reflections on the Fourth Amendment and the duty to cooperate with the police

Article Abstract:

The author argues that many citizens of poor communities will not cooperate with the police during police investigations until all parties respect one another's interests. The Fourth Amendment's role in reconciling the right to ignore police officers with the duty to cooperate with them is examined.

Searches and seizures, Police patrol, Police patrols

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Compelled statements from police officers and Garrity immunity

Article Abstract:

The author discusses the Garrity doctrine, regarding the inadmissibility of compelled statements made by police officers under investigation for misconduct, and suggests using less harsh sanctions than job termination to encourage officers to respond to administrative investigations.

Investigations, Police, Police officers, Criminal investigation, Police misconduct, Privileges and immunities

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