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.
When an officer’s questions are not designed to produce testimonial evidence, Miranda is not necessary
Consent
Alphabet during sobriety test
Post-arrest identification
Routine booking questions
Booking questions about employment, testimonial?
Possible testimonial, if suspect has 10,000 bucks when arrested but says he’s unemployed.
Public safety exception to Miranda
When public safety is at stake, officers may briefly interrogate a suspect in custody without Miranda. Gun in public, explosive chemicals (meth lab), opposite sex armed, etc.
Applies in equal force for juveniles (for now).
Does miranda apply to private citizens?
No only police dominated situations
Not necessary to give student Miranda prior to questioning about a school incident
Comm v. Ira (2003)
Elements of a valid Miranda Waiver
Proper communication of rights
Voluntary and knowing - suspect understands rights to silence. and
Willing to speak - indicates he wants to talk to police.
(use a printed Miranda waiver form at the station in turds language & do not minimize need)
What is the standard for a for court to uphold a voluntary Miranda waiver?
Voluntary and Knowing Beyond a Reasonable Doubt.
What is the best practice to know a suspect understands his rights and waives them?
Obtain a statement that the suspect understands his rights.
Does a suspect need to actually sign the Miranda waiver for it to be valid?
No, court ruled that refusing to sign a waiver does not nullify a suspects verbal waiver.
In addition to describing how you approached the subject of Miranda waiver in your report, and how you asked it, can an intoxicated suspect validly waive Miranda?
Amazingly, yes.
What must the court consider in determining if a child is in custody?
Age, also must consider age when determining if interrogation happened. Clear as mud.
What must you have in order for a valid Miranda waiver for a child age 12 & 13?
Parent or interested adult must be present to assist the child. (Parent is preferred, if not possible, then interested adult). Interested adult must be 18 years old, and not physically or mentally incapacitated, no exceptions. Must also be sober.
For a child, who do the rights to waive Miranda actually belong to?
Ultimately a child decides, rights belong to the child. Parent or adult cannot waive rights on child’s behalf.
Can you talk to a juvenile before the parent or adult arrive?
Avoid doing this, best practice is to wait then give them opportunity to talk in private. Parent AND adult must understand the Miranda warning.
For age 12 & 13, what opportunity must police afford the juvenile & adult?
“Actual opportunity” to discuss rights with an adult is required. Officer’s are expected to actively promote this interaction (but of course we are).
For age 14, 15, 16, 17, what opportunity must police afford the juvenile & adult?
“Meaningful opportunity” The juvenile does not have to actually seek the adults advice. Police just need to give the opportunity to consult.
If a suspect waives his Miranda rights, talks, then implicates himself, do I need to give him Miranda again?
No, a Miranda waiver lasts for a REASONABLE amount of time. Also not required re-administer when asking about different offenses.
How much time do you have to interview an after the moment of arrest?
6 hours.
What are the 6 exceptions to the 6 hour rule?
MICE-WO!
M-Medical attention
I-Incapacitation
C- Consent Search
E-Emergency
W-Waiver
O-Out-of-state arrest
Mandatory recordings
All custodial interrogations and any at the station must be recorded.
Also record interviews involving the interpreter.
As long as their is a sign notice, do not have to verbally inform of recording.
Notification not permission!
Comm vs. DiGiambattista
Do I need to record non-suspects or intelligence gathering?
No
How does a suspect invoke his rights?
Any reasonable expression to wish to remain silent or ask for attorney.
Can a suspect non-verbally invoke his right to silence?
Yes, a head shake NO counts as invoking right to silence when asked if willing to speak.
What is required when
a suspect wants to stop interrogation after he has already waived his rights?
heightened clarity
If a suspect attempts to contact his attorney does this invoke his right to counsel?
Yes it does, also if a suspect expresses concern about needing a lawyer that counts. If an ambiguous request typically only ask one follow up question to clarify.
Why is a defendant’s post-arrest decision to stay silent or talk with an attorney inadmissible at trial?
Would infer possible guilt to jury. For exceptions see 22-31.
When a suspect invokes his rights to silence while in custody, can you question him later?
If invokes Miranda right while in custody, police honor that right initially. 2 HOURS later, they begin to question again (and re-advise Miranda properly again) and suspect talks- this time, the Supreme Court ruled this was proper.
This waiting period only applies to CUSTODY…if RELEASED from custody you may IMMEDIATELY question again. (as long as he does not have a lawyer) pg. 22-32
” I want my lawyer now!!” In custody, stop interrogation until counsel is made available. “Edwards Rule”
Once suspect invokes this right to counsel, stop interrogation! ASAP. Do not approach for further interrogation until counsel has been made available. Edwards Rule only applies as long as suspect remains in CUSTODY.
Exceptions to Edwards Rule
Defendant’s statement is admissible in response to a police procedure. Police: “ We are going to swab your mouth for DNA” Suspect: “Shit now I’m really screwed” - not violation, was his own response to the procedure
If the defendant INITIATES conversation, police may resume questioning following a new waiver.
At least 14 days after defendant is FREED from custody, the police may approach him and seek a new Miranda waiver. pg. 22-32.
Invoking counsel when you were in custody but later freed takes 14 days to wear off.
Once a defendant invokes his right but then decides to talk, what is the information standard police must rely on?
Proof beyond a reasonable doubt.
What happens if I violate a suspect’s Miranda rights?
Any statement or physical evidence obtained in violation will be suppressed.
If I do violate a suspect’s Miranda rights, I hope these 2 things happened: (terms used from 2 cases; Comm. v. Prater & Comm. v. Larkin)
Plead to judge after you fuck up:
B-Break in stream of events
C-Cat not out of the bag yet
“Break in the stream of events”: Bad first waiver (suspect drunk, spells name wrong on waiver) but after over 2 hours goes by, & no police pressure, & suspect is of sound mind now, spells name right, speaks to mother, Now issued second waiver, after all this second waiver is now GOOD!
“Cat not out of the bag”: If you are late in delivering the Miranda warning, as long as he has not implicated himself in any crime, then you are OK because the cat was not out of the bag yet. But give warning later and if incriminates himself you are GOOD!
Custody + interrogation =
MIRANDA
MIRANDA
MIRANDA
