Admissions & Confessions Flashcards
Admissions & Confessions
An interrogation is what?
Direct questioning of a person suspected of involvement in criminal activity.
Which amendments are directly related to admissions and confessions?
The 5th, 6 and 14th
All others are not!
An involuntary confession violates what amendment?
5th
Which of the following is not part of the Miranda warning?
“You may stop answering questions at any time”
Which is correct about Miranda…it applies to what?
Applies to custodial interrogation
For the purposes of Miranda a person is considered to be in custody except when detained under a what?
Terry stop
An admission is what?
When someone owns up to something, but not that they committed any crime. Example: They were at the scene of a crime.
A confession is what?
They say they committed a crime.
“A voluntary statement that acknowledges certain conduct of his/her own which constitutes a crime.
5th Amendment applies to what?
Self incrimination
6th Amendment applies to what?
Right to an attorney
14th Amendment applies to what?
Due process for ANY PERSON!
Confessions must be what?
Voluntary
Miranda warning is for what two rights?
Remain silent
To an attorney while being questioned
If suspect invokes right to silence, what must you do?
Stop questioning, and allow for a cooling off period and try again ~2 hours
If suspect invokes right to an attorney, what must you do?
Stop questioning and there is NO cooling off period
If a suspect re-initiates contact on their own and they’ve invoked either right, can you continue questioning?
Yes
When do you need to provide a Miranda?
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.
If Miranda rights are given halfway through an interrogation, is it good enough?
No
What happens if you interrogate with giving Miranda?
Thrown out of court, loss of evidence, civil action against officer
Do you have to give exact reading of Miranda rights?
No, but it is suggested - you need to cover all elements
Are suspects able to waive their right, voluntarily?
Yes
If a suspect says “Maybe I should talk to a lawyer” is that enough to stop questioning?
No, it is too ambiguous and not considered a request.
If you’re questioning someone at a police station, are they in custody?
Not if they’re free to leave at any time of their own free will
Are traffic stops considered custodial
No and do not require Miranda
Do Terry stops require a Miranda?
No
When serving a search warrant and move people to a portion of the home, is that custodial custody?
No
Is closely guarding someone while serving a warrant custodial custody?
Yes
Are incarcerated person in custodial custody for Miranda purposes?
Not if they’re free to leave the interview of their own free will at any time and return to their cell.
Can juveniles waive their Miranda rights?
Yes
Does a security guard have to read the Miranda?
No, only police officers
Does a police officer acting in an undercover capacity have to read the Miranda?
No
If the suspect does not know or the atmosphere is not a “police dominated atmosphere” do they have to read Miranda?
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.
If someone already knows about the Miranda rights; police officer, lawyer, etcetera - do you still need to read them before interrogation when in custody?
Yes
Can you appeal to someone’s religious beliefs to re-initiate an interrogation if they’ve exercised their Miranda rights (silent or attorney)?
No, Brewer v. Williams
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?
No
Can you coerce, threaten, or beat someone into a confession?
No
What are spontaneous statements?
Voluntary statements not in response to a police inquiry and does not require Miranda Advice of Rights.
Do statements made during a routine booking require Miranda Advice of Rights?
No
Are officers allowed to use trickery or deception during interrogation?
Yes.
As long as their civil rights are not violated and it is not used to get the suspect to waive their Miranda rights.
