5th Am/ Police Interrogation/ Miranda

Question 1

Custodial interrogation is questioning ____ by law enforcement after a person has been taken into ____ or otherwise ____ of his freedom of action in any significant way

Answer 1

initiated
custody
deprived

Question 2

Miranda warnings require both ___ and ____

Answer 2

Law enforcement questioning and custody/deprivation of freedom of action

Question 3

Once Miranda warnings have been given, the interrogation must cease if: (3 instances)

Answer 3

1. the individual invokes their right to remain silent
2. The individual states they want an attorney
3. The individual cannot obtain an attorney and they indicate they want one before questioning

Question 4

The gov. has the burden of proof to show that the D knowingly and voluntarily waived the right to ____

Answer 4

self-incrimination

Question 5

Waiver against self-incrimination is not knowing and intelligent unless ____

Answer 5

Miranda warnings are given

Question 6

Can a valid waiver be presumed from silence?

Answer 6

No

Question 7

To determine whether Miranda warnings are required, you should ask 2 questions:

Answer 7

1. Was the D in custody?
2. Was their interrogation/ LE enforcement questioning

Question 8

An arrest =

Answer 8

Automatic custody for Miranda purposes, but warnings are still not required unless there’s interrogation as well

Question 9

Courts must examine the ______ to determine if the individual was in custody (if they had freedom of action)

Answer 9

the totality of the circumstances surrounding the interrogation

Question 10

In looking at the totality of the circumstances regarding interrogation, the 2 important questions are?

Answer 10

1. what were the circumstances surrounding the interrogation
2. given those circumstances, would a reasonable person have felt he or she was at liberty to terminate the interrogation and leave?

Question 11

RULE STATEMENT

Under the 5th Am, applicable to the states to the 14th Am, no person shall be ____ in any criminal case to be a ____ against himself, nor be deprived of life, liberty, property without ___ ____ ___ ___

Answer 11

Compelled
Witness
Due Process of Law

Question 12

The test for determining ____ is a totality of the circumstances test

Answer 12

voluntariness

Question 13

The Voluntariness Test

Answer 13

Under the voluntariness test, the inquiry is whether, under the totality of the circumstances, the statement was made freely, voluntarily, and without compulsion or inducement.

Question 14

Factors to be considered under the Voluntariness test include:

Answer 14

Violence or threats of violence
Sleep deprivation
Adequate nutrition
Age, Intelligence, Education of the suspect
Whether miranda was provided
relentless standard of police questioning
suspect’s access to counsel

Question 15

Any words or actions on the part of the police that are reasonably likely to elicit an incriminating response from the police

Answer 15

Interrogation

Question 16

A ___ confession is not voluntarily made and is therefore ____ at trial

Answer 16

Coerced
Inadmissible

Question 17

RULE STATEMENT:
Under Miranda, the prosecution may not use statements, whether ____or ____, stemming from ____ of the defendant unless it demonstrates the use of _____ effective to secure the privilege against self-incrimination

Answer 17

Exculpatory
Inculpatory
Custodial Interrogation
Procedural Safeguards

Question 18

TRUE/FALSE
Miranda rights do not apply in any other point except when the persons is in custody and being interrogated.

Answer 18

TRUE

Question 19

What is the purpose of Miranda warnings?

Answer 19

To protect the vulnerable from coercion and ensure that the defendant is adequately and effectively informed of their 5th amendment and 6th amendment rights

Question 20

Miranda warnings must be given ___ to custodial interrogation

Answer 20

Prior

Question 21

Do prisoners needs to be read Miranda warnings?

Answer 21

No, As long as it not an interrogation but a routine administrative questioning when a person is put in jail like name, address, next of kin

Question 22

After Miranda warnings are given, what are the 3 options the individual has?

Answer 22

1. Do nothing (waiving their right)
2. Knowingly waive their rights and answer all questions, possibly making an admissible confession
3. Assert their right to remain silent (explicit, unambiguous, unequivocal)

Question 23

TRUE/FALSE
Silence can be interpreted as a waiver

Answer 23

FALSE

Question 24

LATER QUESTIONING:
After asserting the right to remain silent, law enforcement may approach the suspect again after _____

Answer 24

A significant lapse in time has passed

Question 25

LATER QUESTIONING:
After asserting the right to counsel, law enforcement may approach the suspect again after ____

Answer 25

14-day break in custody

Question 26

_______ are statements that incriminate or place guilt or responsibility on someone

Answer 26

Inculpatory statements

Question 27

______ are statements that favorable to the defendant in a criminal trial that exonerates the defendant of any guilt

Answer 27

Exculpatory statements

Question 28

If a person in jail voluntarily talks to another inmate about their charges, is it a Miranda violation?

Answer 28

No

Question 29

If a person in jail intentionally asks someone about their charges/crime with the goal of helpin law enforcement, is it a Miranda violation?

Answer 29

Yes because the informant was an agent of the police and held to the same standard of the police

Question 30

TRUE/FALSE
Even if there is a Miranda violation, the statements are admissible in court

Answer 30

FALSE

Question 31

Define the “functional equivalent” of interrogation

Answer 31

A statement by law enforcement officers designed to elicit an incriminating response from the suspect

Question 32

If a person does not know they are speaking to the police, is it considered an interrogation?

Answer 32

No

Question 33

In order to prove that D waived their right to remain silent, what must the government prove?

Answer 33

1. Def was given warnings
2. Def understood the warnings
3. Def gave uncoerced statement

Question 34

A waiver of Miranda rights also waives ____

Answer 34

right to counsel

Question 35

TRUE/FALSE:
Physical evidence derived from the failure to give Miranda warnings has to be excluded at trail

Answer 35

FALSE

Question 36

In regard to Miranda warnings, under the Fruit of the Poisonous Tree Doctrine, evidence is only prohibited if its a result of ___ and ___ statements

Answer 36

Involuntary
Coerced

Question 37

RULE STATEMENT:
Pursuant to Wong Sun, all evidence obtained or ____ from the exploitation of ___ ___ evidence must be excluded at trial.

Answer 37

derived
illegally obtained

Question 38

RULE STATEMENT:
Under the ____ exception, if the connection between ___ and the ___ has been interrupted by an ___ circumstance, the evidence will not be ___

Answer 38

Attenuation

Police Misconduct

Evidence

Suppressed

Question 39

If the prosecution can show that the police would have discovered the
evidence whether or not they had acted unconstitutionally, the evidence
will be admissible

Answer 39

Inevitable discovery