Are Miranda Warnings Required During a Pretext Call?

One of the more clever techniques that police often use in sex offense cases is a pretext call. The alleged victim will telephone the suspect and ask to discuss the alleged crime. Police will coach the alleged victim in what to say, how to say it, when to ask follow up questions and when to remain silent. The police will then listen in on the call and record it for use in court. Is this a Fifth Amendment violation if Miranda warnings are not given prior to the questioning? After all, is not the alleged victim acting an agent of the police? The issue has been repeatedly debated. For a summary of the latest reported decision on this issue, click on the following link.

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