5th Amendment Right to Counsel

Question 1

Miranda Warnings

Answer 1

Miranda warnings are required when a suspect is in custodial interrogation

Question 2

Miranda Warnings are required when

Answer 2

Anyone in the custody of the government and accused of a crime
must be given Miranda warnings prior to interrogation and its is due to government conduct

Question 3

Custody Requirement-Free to leave Test

Answer 3

whether a reasonable person under the circumstances would feel that they were free to terminate the interrogation and leave.

Question 4

Custody Requirement Interrogation

Answer 4

“Interrogation” includes any words or conduct by the police that they
should know would likely elicit an incriminating response from the
detainee.

Question 5

Invocation of Right to Remain Silent

Answer 5

o be effective, the detainee’s indication that they wish to remain silent must be explicit, unambiguous, and unequivocal (for example, the accused’s failure to answer does not constitute
an invocation of the right to remain silent). If the detainee indicates that they wish to remain silent, the police must scrupulously honor

Question 6

Invocation of Right to Counsel

Answer 6

If the detainee unambiguously indicates that they wish to
speak to counsel, all questioning must cease until counsel
has been provided unless the detainee: (1) then waives their
right to counsel (for example, by reinitiating questioning) or
(2) is released from the custodial interrogation back to their
normal life and 14 days have passed since release.