Chapter 22- Custodial Interrogation Under 5th AMD And miranda Flashcards
What are the Miranda Warnings?
Right to Remain Silent, Statements can be used against you, Right to Counsel, If indigent, counsel will be provided at the government’s expense, May stop questioning at any time
When must Miranda warnings be given?
During custody and interrogation
Define custody in the context of Miranda warnings.
Under arrest OR significantly detained
What constitutes interrogation?
Law enforcement officer communicates by either express questioning or functional equivalent to obtain testimonial evidence
What is significant detention?
When a seizure qualifies as an arrest but is not one
True or False: Miranda warnings are only required if a suspect is under arrest.
False
What happens if a suspect is indigent?
Counsel will be provided at the government’s expense
Which type of evidence is obtained during interrogation?
Testimonial evidence
What does ‘Location’ refer to in the context of custody?
Does it take place in a police dominated atmosphere?
The physical environment can influence whether an individual feels they are in custody.
How does ‘Interview Style’ affect the perception of custody?
Are you being aggressive?
The demeanor of law enforcement can impact a suspect’s sense of freedom.
What does ‘Focus’ imply in determining custody status?
Did you accuse them of being a suspect?
Accusatory questioning can heighten the perception of being in custody.
What is the significance of ‘Freedom to leave’ in custody determinations?
Is the suspect free to leave?
If a suspect feels they cannot leave, it often indicates they are in custody.
What is the implication of a police station being custodial?
It means that individuals are not free to leave and are under police control
A custodial situation typically indicates that a person is being detained or is in a situation where their freedom is restricted.
In the scenario where a suspect is told they are being investigated for a stolen car, what happens at the station?
The suspect is allowed unsupervised bathroom breaks and is told they are free to leave
This situation indicates that the suspect was not in custody at the time.
What did the police inform the suspect about needing a lawyer?
They told him he doesn’t need a lawyer because he is not under arrest or charged with a crime
This reflects the legal obligation of police to provide Miranda warnings only when a suspect is in custody.
What happens when the police learn that the suspect’s blood was on the victim?
They provide Miranda warnings and then place him under arrest
This suggests that once the police had incriminating evidence, the situation transitioned to a custodial interrogation.
What was the outcome of the police transporting a suspect without providing information?
The outcome is that the situation is considered NO GOOD for legal proceedings
This indicates a failure to uphold proper legal procedures, impacting the admissibility of evidence.
What does being placed in handcuffs and in the cruiser imply for witnesses?
They should have been mirandized
This highlights that even witnesses can be subject to custodial interrogation if they are restrained and not free to leave.
True or False: A conversational tone during an interrogation while secured in a cruiser was not custodial
False
The context of the interaction and the individual’s freedom to leave are more critical than the tone of conversation.
What is the implication of ‘No Custody at home’ in a legal context?
The suspect allows officers into the home to interview, walks around freely, and officers are not intimidating.
What does ‘Custody in the home’ involve?
A situation where a suspect feels they cannot leave due to police presence, as in being ordered home.
In the case of child pornography on a computer, what is required for police questioning at home when the suspect was ordered hike by his commander
Miranda rights should be read because the suspect was ordered to be home and felt unable to leave.
True or False: Business settings are usually considered custodial.
False
What is required for an individual to be considered in custody while in jail
Must be confined more than the ordinary confines of jail
What interview style is considered effective?
Conversational - Non Aggressive
What is an example of a good interview scenario?
Going to suspect’s house after a stabbing and asking what happened
What type of interview approach is deemed ineffective?
Aggressive and Accusatory
What is an example of a bad interview scenario?
Threatening a suspect with charges if they do not come to the station
When does custody not become relevant for Miranda rights?
When a person confesses
What is an example of a situation where Miranda rights may not apply?
Calm questioning after voluntarily going to police station regarding Arson for murder
What does not require Miranda rights in an investigation?
Having a suspicion and not communicating it
What typically requires Miranda rights?
A clear accusation
Fill in the blank: Use Miranda once you ______.
accuse
What is the best way for officers to avoid custody?
Tell the suspect they are free to leave
What constitutes custody in an interrogation?
When officers block doors and accuse the suspect of lying
Is detention without further action usually considered Miranda?
No
What is an example of a good non-custodial situation?
A suspect approaches police and admits to killing three people
What should be avoided to circumvent Miranda requirements during investigative detentions?
Asking a reasonable amount of questions
The suspect is not obligated to answer.
What must be done if probable cause (PC) is not developed during an investigative detention?
Release the suspect after a reasonable amount of time
This ensures compliance with legal standards.
In what situation is Miranda required during an investigative detention?
When arrest-like measures are used
Examples include handcuffing, drawn weapon, and prone positioning.
Why are motorists rarely advised of their Miranda Rights during traffic stops?
Most traffic stops are brief and public
Miranda is not typically necessary in these scenarios.
Is restraint for medical treatment considered custody for Miranda purposes?
No
This means Miranda rights do not apply in such situations.
What is the key factor in determining if Miranda rights are needed during an investigative detention?
The nature of the detention and if it involves arrest-like measures
This includes the use of handcuffs or weapons.
True or False: A suspect must answer questions during an investigative detention.
False
Suspects are not obligated to answer questions.
Fill in the blank: When an investigative detention involves handcuffing, _______ is required.
[Miranda]
What is the significance of ‘NEVER CUSTODIAL’ in telephone conversations?
‘NEVER CUSTODIAL’ indicates that the conversation is not conducted in a situation where the individual is deprived of their freedom.
This term implies that the individual is not in custody and therefore not subject to Miranda rights.
Why do undercover officers not need to provide Miranda warnings to suspects?
Undercover officers do not need to provide Miranda warnings because suspects do not feel coercion in these situations.
This is based on the principle that suspects must be in custody and subject to interrogation for Miranda rights to apply.
What was the outcome of the undercover operation where officers solicited an inmate?
The operation led to the inmate confessing to a murder.
This highlights the effectiveness of undercover work in eliciting confessions.
True or False: Officers must always provide Miranda warnings during undercover operations.
False
Miranda warnings are not required if the suspect does not feel coerced.
What is the definition of questioning in the context of crime?
Expressly asks for information about a crime
What happens when a suspect speaks without being questioned?
His statement is not part of an interrogation
What is an example of an unsolicited statement?
The statement ‘you guys will never find it’ caused officers to search for a gun
What type of statements are considered good evidence in legal contexts?
Overheard statements
What does the term ‘functional equivalent’ refer to?
Covers words or actions that the police know are likely to produce an incriminating response
What is a staged conversation in police interrogation?
Police purposely talking to each other in front of someone that the suspect will talk
What is an example of an improper tactic in interrogation?
Christian burial case speech
What prompted the suspect to claim the cocaine belonged to him?
Opening a female purse with cocaine in it in front of a suspect
This scenario illustrates how the suspect’s reaction can be influenced by the officer’s actions.
What was the outcome when an officer found a gun after putting the suspect in the cruiser?
The suspect stated the gun was not his but knew who it belonged to
This indicates that the suspect’s statement was not made in a confrontational manner.
Is it acceptable to force a meeting between defendants by telling one they were spoken about?
No, it is not acceptable
This practice could lead to coercion and unreliable testimony.
What type of evidence does the Miranda warning apply to?
Testimonial evidence
Miranda rights are designed to protect individuals from self-incrimination during custodial interrogation.
What is an example of evidence that does not require Miranda warnings?
Physical evidence
This includes evidence like DNA samples and field sobriety tests.
Fill in the blank: Miranda is NOT needed for _______.
Statements that don’t include knowledge or beliefs
This includes statements that are not self-incriminating.
What are examples of physical non-testimonial evidence?
DNA Sample, Field Sobriety, Voice and handwriting
These types of evidence do not require Miranda warnings.
What is an example of an order that does not require Miranda warnings?
Gun License (ORDER TO PRODUCE)
This is a request for documentation rather than testimonial evidence.
Can police use force to take DNA, fingerprints ETC
Yes