3) Statements + Confessions: Gen + Voluntariness Flashcards
ways to exclude sts/confessions: list
1) voluntariness
2) right to counsel
3) 5A or Miranda
4) fruits of illegal conduct
voluntariness approach: def
statements obtained by actual coercion are involuntary, and inadmissible for any purpose
voluntariness: con basis
DPC of 5A (fed agents) + 14A (state)
voluntariness: triggered by
gvt conduct that overbears free will of suspect
voluntariness: test
TOC
right to counsel: def
deliberate elicitation of a st from D (who’s been formally charged) is inadmissible unless counsel was present, or police obtained knowing + voluntary waiver
right to counsel: con basis
6A right to counsel
right to counsel: triggered by
direct or surreptitious police questioning of a D, w/o L present or waiver
right to counsel: test
was counsel present? if not, did D waive?
Miranda rule: def
sts obtained as result of custodial irog are inadmissible in prosecution case-in chief, in the absence of Miranda rulings and valid waiver
Miranda: con basis
5A priv against self-incrim
Miranda: triggered by
custody + irog
Miranda: test
did suspect make knowing + voluntary waiver? (if not, sts violate M)
fruit of illegal conduct: def
sts taht comply w these 3 tests may still be tainted if they are the “but for” consequence of predicate con violation (unreasonable search or sz)
fruit of illegal conduct: con basis
fruit of the posonous tree doctrine
