5th Amendment Self-Incrimination Flashcards
What is custody?
Formal arrest or restraint on freedom of movement of the degree associated with formal arrest.
If someone says they want a lawyer can the SA’s re-approach at a later time?
NO! They can only re-approach if there was a break in custody and 14 days have passed or if the subject re-approaches the SA’s then they will have to re-read the Miranda rights.
Are Miranda warnings required when giving administrative warnings?
No, only if it has to deal with criminal then Miranda warnings are required if in custody.
When are administrative warnings given?
When there is an immigration violations
If a subject says they want to remain silent can the SA re-approach after waiting a reasonable time?
Yes.
If an SA goes to someones house to question them about their alleged involvement in some illegal activity would they have to read them their Miranda rights if they person agreed to let them come in to talk?
Nope, they are not in custody.
Joe was arrested for alien smuggling and is being read his Miranda rights by SA J. When SA J ask Hoe if he understands his rights Hoe just says “Whatever”. SA J then starts asking him a series of questions in which he answers them all and admits to the crime. Would the statement be admitted?
Yes, he never affirmatively waived his right to silence, he provided an implied waiver by answering all of SA J questions after being advised of Miranda warnings.
While transporting a subject that was arrested for smuggling narcotics, he says”OK I DID IT, I SMUGGLED ALL THE DRUGS AND I KNOW ITS ILLEGAL”. Would his statement be admitted for the criminal trail?
Yes, Although he was in custody he was not interrogated so Miranda warnings were not required.
