Chapter 22 Custodial Interrogation Flashcards
Definition of miranda
Custody (arrest of significantly detained)
Interrogation (express questioning, functional equivalent) to obtain testimonial evidence
What invalidates a Miranda waiver for child 12 or 13? Actual Opportunity to discuss
not having an interested adult
A Miranda waiver for a child WHAT AGES requires adult assistance unless the youth is highly sophisticated? Meaningful opportunity
14-17yrs
Can a parent wave the rights on behalf of a juvenile for questioning?
no. it is the child’s decision ultimately
Can in interested adult for a juvenile being questioned also be under 18?
no
Once questioning of a juvenile begins, do police have to allow the juvenile to speak alone with their adult if they request it?
yes
Can you ask about multiple offenses under one miranda?
yes
How long do officers have to interview a suspect post arrest?
6 hrs
Is a conspicuous sing enough to inform a person they are being recorded at a station?
yes
Do you have to give Miranda rights if someone arrives with their attorney?
no
T/F a suspect’s attempt to contact his attorney invokes his right to counsel?
true
Do you have to tell a suspect that his lawyer is calling to tell him not to talk or you can just let him know the lawyer called?
must say recommends not to talk
(for attorney calling only not a 3rd party seeking one)
Can you question a suspect immediately after they are released if they invoked a right to silence?
yes the significant time lapse only refers to those in custody (miranda each time)
T/F Once a suspect invokes his right to counsel regarding one offense, he may not be re-approached regarding any other offense unless counsel is present
true
(if released from prison may be reapproached min 14 days later)
