Admissions & Confessions

Question 1

An interrogation is what?

Answer 1

Direct questioning of a person suspected of involvement in criminal activity.

Question 2

Which amendments are directly related to admissions and confessions?

Answer 2

The 5th, 6 and 14th
All others are not!

Question 3

An involuntary confession violates what amendment?

Answer 3

5th

Question 4

Which of the following is not part of the Miranda warning?

Answer 4

“You may stop answering questions at any time”

Question 5

Which is correct about Miranda…it applies to what?

Answer 5

Applies to custodial interrogation

Question 6

For the purposes of Miranda a person is considered to be in custody except when detained under a what?

Answer 6

Terry stop

Question 7

An admission is what?

Answer 7

When someone owns up to something, but not that they committed any crime. Example: They were at the scene of a crime.

Question 8

A confession is what?

Answer 8

They say they committed a crime.
“A voluntary statement that acknowledges certain conduct of his/her own which constitutes a crime.

Question 9

5th Amendment applies to what?

Answer 9

Self incrimination

Question 10

6th Amendment applies to what?

Answer 10

Right to an attorney

Question 11

14th Amendment applies to what?

Answer 11

Due process for ANY PERSON!

Question 12

Confessions must be what?

Answer 12

Voluntary

Question 13

Miranda warning is for what two rights?

Answer 13

Remain silent
To an attorney while being questioned

Question 14

If suspect invokes right to silence, what must you do?

Answer 14

Stop questioning, and allow for a cooling off period and try again ~2 hours

Question 15

If suspect invokes right to an attorney, what must you do?

Answer 15

Stop questioning and there is NO cooling off period

Question 16

If a suspect re-initiates contact on their own and they’ve invoked either right, can you continue questioning?

Answer 16

Yes

Question 17

When do you need to provide a Miranda?

Answer 17

Prior to custodial interrogation; when a suspects liberty has been restricted to a degree associated with a formal arrest or…
When a reasonable person would have believed that he or she had been taking into custody or otherwise deprived of their freedom in a significant way.

Question 18

If Miranda rights are given halfway through an interrogation, is it good enough?

Answer 18

No

Question 19

What happens if you interrogate with giving Miranda?

Answer 19

Thrown out of court, loss of evidence, civil action against officer

Question 20

Do you have to give exact reading of Miranda rights?

Answer 20

No, but it is suggested - you need to cover all elements

Question 21

Are suspects able to waive their right, voluntarily?

Answer 21

Yes

Question 22

If a suspect says “Maybe I should talk to a lawyer” is that enough to stop questioning?

Answer 22

No, it is too ambiguous and not considered a request.

Question 23

If you’re questioning someone at a police station, are they in custody?

Answer 23

Not if they’re free to leave at any time of their own free will

Question 24

Are traffic stops considered custodial

Answer 24

No and do not require Miranda

Question 25

Do Terry stops require a Miranda?

Answer 25

No

Question 26

When serving a search warrant and move people to a portion of the home, is that custodial custody?

Answer 26

No

Question 27

Is closely guarding someone while serving a warrant custodial custody?

Answer 27

Yes

Question 28

Are incarcerated person in custodial custody for Miranda purposes?

Answer 28

Not if they're free to leave the interview of their own free will at any time and return to their cell.

Question 29

Can juveniles waive their Miranda rights?

Answer 29

Yes

Question 30

Does a security guard have to read the Miranda?

Answer 30

No, only police officers

Question 31

Does a police officer acting in an undercover capacity have to read the Miranda?

Answer 31

No

Question 32

If the suspect does not know or the atmosphere is not a "police dominated atmosphere" do they have to read Miranda?

Answer 32

No. Example: What if they are talking to you at a bar and start confessing to a crime…and you're not in uniform or anything. No need for Miranda.

Question 33

If someone already knows about the Miranda rights; police officer, lawyer, etcetera - do you still need to read them before interrogation when in custody?

Answer 33

Yes

Question 34

Can you appeal to someone's religious beliefs to re-initiate an interrogation if they've exercised their Miranda rights (silent or attorney)?

Answer 34

No, Brewer v. Williams

Question 35

If two officers are conversing and not looking or talking to the suspect, is that a form of questioning while the suspect is under Miranda?

Answer 35

No

Question 36

Can you coerce, threaten, or beat someone into a confession?

Answer 36

No

Question 37

What are spontaneous statements?

Answer 37

Voluntary statements not in response to a police inquiry and does not require Miranda Advice of Rights.

Question 38

Do statements made during a routine booking require Miranda Advice of Rights?

Answer 38

No

Question 39

Are officers allowed to use trickery or deception during interrogation?

Answer 39

Yes. As long as their civil rights are not violated and it is not used to get the suspect to waive their Miranda rights.