5th Amendment

Question 1

5th amendment

Answer 1

Privilege against self incrimination

Question 2

Miranda warnings

Answer 2

Person in police custody must be given Miranda warnings before a police officer may conduct a custodial interrogation.

Question 3

Custody

Answer 3

A person is considered in custody if there freedom of action is limited significantly.

Question 4

Request for counsel

Answer 4

Request for counsel under Miranda must be clear and unambiguous. Police have no duty to clarify an ambiguous request for counsel.

Request May be made at anytime before or during interrogations.

Once request is made, all questions must cease until D provided with attorney or initiates further questioning on their own.

Question 5

Exclusionary rule

Answer 5

Evidence o tai Ed by police in violation of a persons constitutional rights are generally excluded from admission at trial. Additionally the fruit of the poisonous tree doctrine applies.

Question 6

Fruit of the poisonous tree

Answer 6

Exclusionary rule applies to anything obtained as a result of evidence derived from unconstitutionally obtained evidence.

Question 7

Exclusionary rule as applied to Miranda violation

Answer 7

Exclusionary rule does not always apply to Miranda.

1. Applies if “question first, warn later ”scheme to get around Miranda
2. Does not apply if no scheme and second questioning is warned

Question 8

Waiver of Miranda rights

Answer 8

Valid Miranda waiver must be knowing and voluntary. Courts look at totality if the circumstances.

Question 9

Double Jeopardy

Answer 9

5th amendment provides right to be free from double jeopardy for the same offense. Two crimes do not constitute double jeopardy if they require an additional element that the other crimes does not, even if same facts necessary to prove both.