(12) Criminal Procedure: 5th Amendment - Miranda

Question 1

5th Amendment - Miranda Rights

Answer 1

Under the 5th Amendment a person has a right not to incriminate themselves and must be given a Miranda warning during a custodial interrogation.

Question 2

When does ones Miranda Rights Attach?

Miranda Rights

Answer 2

Miranda rights attached when there is a custodial interrogation of a suspect. If the person is not subject to a custodial interrogation no Miranda warnings need to be given.

Question 3

Define Custodial Interrogation

Miranda Rights

Answer 3

Custodial Interrogation is questioning initiated by a known law enforcement officer after a person is in custody.

Question 4

Define Custody for Miranda Purposes

Miranda Rights

Answer 4

Custody is a substantial seizure and is defined for Miranda purposes as either a formal arrest or a restraint on freedom of movement to the degree of a formal arrest (based upon the totality of the circumstances to a reasonable person)

AKA: A person reasonably believes they are not free to leave.

Question 5

Is a traffic stop considered custody?

Miranda Rights

Answer 5

NO, because it is brief and temporary

Question 6

Define Interrogation

Miranda Rights

Answer 6

Interrogation is express questioning or any words or actions that the police know or should know are reasonably likely to elicit an incriminating response.

Question 7

How are Voluntary Statements determined?

Miranda Rights

Answer 7

Voluntary statements are determined by the totality of the circumstances.

Question 8

What does ones Miranda Rights protect?

Miranda Rights

Answer 8

Miranda rights only protect statements or acts that are communicative or testimonial in nature.

To be testimonial an accused communication must relate to a factual assertion or disclose information (explicitly or implicitly) [Note: Crying and spontaneous statements to not apply]

Question 9

Define Testimonial Communication

Miranda Rights

Answer 9

To be testimonial an accused communication must relate to a factual assertion or disclose information (explicitly or implicitly)

Question 10

Are crying and spontaneous statements testimonial?

Miranda Rights

Answer 10

Crying and spontaneous statements are not testimonial in nature and therefore are not protected under ones Miranda Rights.

Question 11

Miranda Warning Requirements

Miranda Rights

Answer 11

Miranda warnings inform suspects that (1) they have the right to remain silent; (2) anything that they say can be used against them in court; (3) they have the right to talk to an attorney and have one present when they are questioned; AND (4) if they cannot afford an attorney, and attorney will be provided to them.
*The officer need only reasonably convey these rights to a suspect.

Question 12

Public Safety Exception to providing Miranda Warning

Miranda Rights

Answer 12

Limited interrogation without Miranda warnings is allowed when officers ask questions reasonably prompted by a concern for public safety OR the safety of the officer (i.e., to secure a weapon).

Question 13

Deliberate By-Pass Rule

Miranda Rights

Answer 13

Police deliberately violated ones Miranda Rights if in the middle of a suspect speaking they give a Miranda warning. Even if a suspect provides a waiver, all pre- and post statements are inadmissible.

Question 14

Waiving Miranda Rights

Miranda Rights

Answer 14

A suspect may waive their Miranda rights a valid waiver must be (1) voluntarily AND (2) knowingly and intelligently (the D must understand the nature of the right being waived and the consequences for waiving it)

Question 15

General Rule

Invoking Miranda Rights

Miranda Rights

Answer 15

Invoking miranda rights (including the right to stay silent) must be clear and unambiguous.

Question 16

Right to Silence

Miranda Rights

Answer 16

Once the right to remain silent is invoked the police may later question the suspect if they first honor the right to silence, and the silence cannot be used to incriminate the suspect at trial.

Question 17

What must the police do once the right is invoked? & How to restart ?ing

5th Amendment Right to Counsel

Miranda Rights

Answer 17

Once the right to counsel is invoked the police must stop questioning the suspect on any crime until the suspect has spoken with an attorney. Officers may restart interrogation if (1) the suspect has been re-advised of their Miranda rights; (2) provided a knowing and voluntary waiver; AND (3) either (a) counsel is present, (b) the suspect initiates the communication, or (c) at least 14 days have passed since suspect was released from custody.