5th amendment self incrimination clause Flashcards
1
Q
self incrimination clause
A
- no person shall be compelled to be a witness against onself
2
Q
custody
A
- formal arrest or restraint on freedom of movement of the degree associated with a formal arrest
3
Q
interrogation
A
- words or actions on the part of the police that are reasonably likely to elicit an incriminating response.
4
Q
subject invokes right:
A
- right to silence
- right to counsel
5
Q
administrative warning
A
- obtaining a statement for the use at an alien’s REMOVAL HEARING.
6
Q
edwards rule
A
- when subject invokes right to counsel, SHUT DOWN INTERROGATION
7
Q
minnick rule
A
- once subject states he wants a lawyer, INTERROGATION MUST STOP UNTIL ATTORNEY IS PRESENT.
8
Q
ambiguous request for counsel
A
- his request cannot be ambiguous
9
Q
how many days is considered a “break in custody” for the purpose of re approaching a subject for interrogation?
A
14 days..
10
Q
express waiver
A
- an express statement that a person is willing to make a statement and does not want an attorney is a VALID WAIVER
11
Q
implicit waiver
A
- an implied waiver that is legit as long as defendants silence is coupled with an UNDERSTANDING OF HIS RIGHTS followed by a course of conduct indicating waiver.
