4. Miranda Rights (5A)

Question 1

What are the Miranda warnings?

Answer 1

1) Right to remain silent
2) Anything D says can be used against him in court
3) Right to counsel presence
4) If D cannot afford counsel => Court can appoint counsel (if D wishes)

Question 2

How is Miranda rights applied to states?

Answer 2

14A

- Congress can NOT eliminate Miranda reqs by statute

Question 3

When must Miranda warnings be given?

Answer 3

Before custodial interrogation by police

• NOT after
• NOT before D’s spontaneous statements

Question 4

Are Miranda warnings required if an undercover police questions D?

Answer 4

No

• D does not know undisclosed informant is police
• Not coercive interrogation

Question 5

What is required for D to be in custody?

Answer 5

1) Freedom of Movement test (Objective)
- Reasonable person would not feel free to terminate + leave interrogation
- Under the circumstances
- Long + involuntary interrogation
- NOT voluntary interrogation

2) Environment presents same coercive pressures as station house questioning

Factors

• Suspect’s home/workplace/school
• Crime scene
• Police car/station
• Officers had gun drawn
• Length of questioning
• Suspect’s apparent youth
• Suspect was told not to leave

Question 6

What is required for interrogation?

Answer 6

1) Police’s words/conduct

2) Police should know words/conduct would reasonably likely elicit incriminating response from D

Question 7

What are Defendant’s options after receiving Miranda warnings?

Answer 7

Do nothing

Waive rights

Invoke right to counsel

Invoke right to remain silent

Question 8

What happens if Defendant does nothing after receiving Miranda warnings?

Answer 8

Police may continue questioning D

• NO waiver of rights assumed
• NO assertion of right to remain silent assumed
• NO assertion of right to counsel assumed

Question 9

What is required for waiver of Miranda rights?

Answer 9

1) Knowing + Voluntary
- Under circumstances
- NO need to know of other pending charges

2) Preponderance of evidence
- D chooses to answer questions

Question 10

What is required for invoking the right to remain silent?

Answer 10

1) Before/During interrogation

2) Explicit/Unambiguous/Unequivocal invocation
- NOT failure to answer

Question 11

What happens if D invokes his right to remain silent?

Answer 11

Police can NOT question on current crime

Police can question on different crime
- Police must give Miranda warnings to D again

Question 12

What is required for invoking the right to counsel?

Answer 12

1) Before/During interrogation
2) Unambiguous
3) Counsel’s presence during interrogation

Question 13

What happens if D invokes his right to counsel?

Answer 13

Police can NOT question on current/different crime

Police can question on current crime

1) 14 days after D is released from interrogation + returns to his normal life
2) Police must give Miranda warnings again

Question 14

What is the difference between invoking the right to remain silent and right to counsel?

Answer 14

Right to remain silent

• No questioning on current crime
• Questioning on different crime

Right to counsel
- No questioning on current/different crime

Question 15

What is the difference between 5A and 6A right to counsel?

Answer 15

5A

• No questioning on current/different crime
• After D is arrested
• D knows interrogator is police

6A

• No questioning on current crime
• Questioning on different crime (not charged/not related)
• After D is charged
• D does NOT know interrogator is police

Question 16

Is a confession obtained by violation of Miranda rights admissible?

Answer 16

Voluntary confession

• Admissible (impeachment of D’s testimony)
• NOT admissible (evidence of guilty in Prosecution’s case-in-chief)

Involuntary confession
- NOT admissible (any purpose)

Question 17

Is D’s silence admissible?

Answer 17

No

Question 18

When is D’s subsequent confession admissible?

Answer 18

1) D’s first confession was obtained with NO Miranda warnings
- Unplanned questioning + Inadvertent failure to give Miranda warnings

2) D’s second confession was obtained with Miranda warnings

Question 19

When is D’s subsequent confession not admissible?

Answer 19

D’s first confession was obtained with NO Miranda warnings

- Intentional

Question 20

When must Miranda warnings not be given?

Answer 20

Custodial interrogation prompted by concerns for public safety
- Hidden gun => Protect innocent people