22. Custodial Interrogations Flashcards
Does Miranda apply to every police interaction?
No most interactions do not require Miranda
When is the only time Miranda applies?
When in custody and interrogated.
What is custody?
- Under arrest, or
- Significantly detained*
When does an interrogation occur?
A law enforcement officer;
communicates with the suspect; express questioning; or, the functional equivalent, in an effort to obtain testimonial evidene.
Why is it important to understand when a suspects is in custody?
Because at that moment police may not question them without Miranda warnings.
When an officer arrests a suspect is that person in custody for Miranda?
Yes, always.
List the LIFF factors for “significantly detained”
Factors court uses to determine significant detention.
Location
Interview style
Focus of investigation
Free to leave, yes/no?
Is the back of a police cruiser typically custodial?
Yes
Interview style, aggressive vs. nonaggressive
Aggressive = custodial
Nonaggressive = usually not
Does custody automatically exist when a suspect confesses?
No, because there must be a “fundamental change in the atmosphere”
Does a clear accusation by police create custody?
Yes, as soon as police accuse someone they must administer Miranda warnings.
What is the best way to avoid custody?
Tell the suspect he is free to leave.
Is being detained, without more, custodial?
Not typically Miranda custody.
An investigative detention is a seizure. But custody for Miranda requires a little more, what is it?
Significant detention or arrest.
When an investigative detention becomes arrest like restraint, the interaction becomes custodial, what are some of those things?
Handcuffing, draw weapon, put in prone position.
When an officer interrogates, what legal item is attempting to get?
Testimonial evidence
If a suspect speaks without being questioned is that an interrogation?
Nope.
In interrogation, what is the “functional equivalent”.
Words or actions that the police know are likely to produce an incriminating response (ex. the police conversation known as the Christian burial speech)
Miranda upholds the privilege against self-incrimination. This only applies to what?
Testimonial evidence.
How come physical evidence is nontestimonial?
Because it does not force the suspect to reveal his thought.
DNA evidence
Field Sobriety Tests
Voice/handwriting exemplars
Gun license
Can police use reasonable force to force an asshole to perform nonintrusive tests against their objection?
Fuck yes. As long as you do not later testify to the refusal, testifying to this could imply guilt.