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Academy > Admissions & Confessions > Flashcards

Admissions & Confessions Flashcards

Admissions & Confessions

1
Q

An interrogation is what?

A

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

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2
Q

Which amendments are directly related to admissions and confessions?

A

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

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3
Q

An involuntary confession violates what amendment?

A

5th

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4
Q

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

A

“You may stop answering questions at any time”

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5
Q

Which is correct about Miranda…it applies to what?

A

Applies to custodial interrogation

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6
Q

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

A

Terry stop

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7
Q

An admission is what?

A

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

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8
Q

A confession is what?

A

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

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9
Q

5th Amendment applies to what?

A

Self incrimination

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10
Q

6th Amendment applies to what?

A

Right to an attorney

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11
Q

14th Amendment applies to what?

A

Due process for ANY PERSON!

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12
Q

Confessions must be what?

A

Voluntary

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13
Q

Miranda warning is for what two rights?

A

Remain silent
To an attorney while being questioned

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14
Q

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

A

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

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15
Q

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

A

Stop questioning and there is NO cooling off period

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16
Q

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

A

Yes

17
Q

When do you need to provide a Miranda?

A

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.

18
Q

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

A

No

19
Q

What happens if you interrogate with giving Miranda?

A

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

20
Q

Do you have to give exact reading of Miranda rights?

A

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

21
Q

Are suspects able to waive their right, voluntarily?

A

Yes

22
Q

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

A

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

23
Q

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

A

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

24
Q

Are traffic stops considered custodial

A

No and do not require Miranda

25
Q

Do Terry stops require a Miranda?

A

No

26
Q

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

A

No

27
Q

Is closely guarding someone while serving a warrant custodial custody?

A

Yes

28
Q

Are incarcerated person in custodial custody for Miranda purposes?

A

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

29
Q

Can juveniles waive their Miranda rights?

A

Yes

30
Q

Does a security guard have to read the Miranda?

A

No, only police officers

31
Q

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

A

No

32
Q

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

A

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.

33
Q

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

A

Yes

34
Q

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

A

No, Brewer v. Williams

35
Q

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?

A

No

36
Q

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

A

No

37
Q

What are spontaneous statements?

A

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

38
Q

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

A

No

39
Q

Are officers allowed to use trickery or deception during interrogation?

A

Yes.

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

Academy (9 decks)

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