Chapter 22- Custodial Interrogation Under 5th AMD And miranda Flashcards

1
Q

What are the Miranda Warnings?

A

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

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2
Q

When must Miranda warnings be given?

A

During custody and interrogation

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3
Q

Define custody in the context of Miranda warnings.

A

Under arrest OR significantly detained

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4
Q

What constitutes interrogation?

A

Law enforcement officer communicates by either express questioning or functional equivalent to obtain testimonial evidence

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5
Q

What is significant detention?

A

When a seizure qualifies as an arrest but is not one

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6
Q

True or False: Miranda warnings are only required if a suspect is under arrest.

A

False

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7
Q

What happens if a suspect is indigent?

A

Counsel will be provided at the government’s expense

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8
Q

Which type of evidence is obtained during interrogation?

A

Testimonial evidence

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9
Q

What does ‘Location’ refer to in the context of custody?

A

Does it take place in a police dominated atmosphere?

The physical environment can influence whether an individual feels they are in custody.

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10
Q

How does ‘Interview Style’ affect the perception of custody?

A

Are you being aggressive?

The demeanor of law enforcement can impact a suspect’s sense of freedom.

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11
Q

What does ‘Focus’ imply in determining custody status?

A

Did you accuse them of being a suspect?

Accusatory questioning can heighten the perception of being in custody.

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12
Q

What is the significance of ‘Freedom to leave’ in custody determinations?

A

Is the suspect free to leave?

If a suspect feels they cannot leave, it often indicates they are in custody.

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13
Q

What is the implication of a police station being custodial?

A

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.

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14
Q

In the scenario where a suspect is told they are being investigated for a stolen car, what happens at the station?

A

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.

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15
Q

What did the police inform the suspect about needing a lawyer?

A

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.

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16
Q

What happens when the police learn that the suspect’s blood was on the victim?

A

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.

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17
Q

What was the outcome of the police transporting a suspect without providing information?

A

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.

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18
Q

What does being placed in handcuffs and in the cruiser imply for witnesses?

A

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.

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19
Q

True or False: A conversational tone during an interrogation while secured in a cruiser was not custodial

A

False

The context of the interaction and the individual’s freedom to leave are more critical than the tone of conversation.

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20
Q

What is the implication of ‘No Custody at home’ in a legal context?

A

The suspect allows officers into the home to interview, walks around freely, and officers are not intimidating.

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21
Q

What does ‘Custody in the home’ involve?

A

A situation where a suspect feels they cannot leave due to police presence, as in being ordered home.

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22
Q

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

A

Miranda rights should be read because the suspect was ordered to be home and felt unable to leave.

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23
Q

True or False: Business settings are usually considered custodial.

A

False

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24
Q

What is required for an individual to be considered in custody while in jail

A

Must be confined more than the ordinary confines of jail

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25
Q

What interview style is considered effective?

A

Conversational - Non Aggressive

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26
Q

What is an example of a good interview scenario?

A

Going to suspect’s house after a stabbing and asking what happened

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27
Q

What type of interview approach is deemed ineffective?

A

Aggressive and Accusatory

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28
Q

What is an example of a bad interview scenario?

A

Threatening a suspect with charges if they do not come to the station

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29
Q

When does custody not become relevant for Miranda rights?

A

When a person confesses

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30
Q

What is an example of a situation where Miranda rights may not apply?

A

Calm questioning after voluntarily going to police station regarding Arson for murder

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31
Q

What does not require Miranda rights in an investigation?

A

Having a suspicion and not communicating it

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32
Q

What typically requires Miranda rights?

A

A clear accusation

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33
Q

Fill in the blank: Use Miranda once you ______.

A

accuse

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34
Q

What is the best way for officers to avoid custody?

A

Tell the suspect they are free to leave

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35
Q

What constitutes custody in an interrogation?

A

When officers block doors and accuse the suspect of lying

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36
Q

Is detention without further action usually considered Miranda?

A

No

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37
Q

What is an example of a good non-custodial situation?

A

A suspect approaches police and admits to killing three people

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38
Q

What should be avoided to circumvent Miranda requirements during investigative detentions?

A

Asking a reasonable amount of questions

The suspect is not obligated to answer.

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39
Q

What must be done if probable cause (PC) is not developed during an investigative detention?

A

Release the suspect after a reasonable amount of time

This ensures compliance with legal standards.

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40
Q

In what situation is Miranda required during an investigative detention?

A

When arrest-like measures are used

Examples include handcuffing, drawn weapon, and prone positioning.

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41
Q

Why are motorists rarely advised of their Miranda Rights during traffic stops?

A

Most traffic stops are brief and public

Miranda is not typically necessary in these scenarios.

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42
Q

Is restraint for medical treatment considered custody for Miranda purposes?

A

No

This means Miranda rights do not apply in such situations.

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43
Q

What is the key factor in determining if Miranda rights are needed during an investigative detention?

A

The nature of the detention and if it involves arrest-like measures

This includes the use of handcuffs or weapons.

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44
Q

True or False: A suspect must answer questions during an investigative detention.

A

False

Suspects are not obligated to answer questions.

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45
Q

Fill in the blank: When an investigative detention involves handcuffing, _______ is required.

A

[Miranda]

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46
Q

What is the significance of ‘NEVER CUSTODIAL’ in telephone conversations?

A

‘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.

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47
Q

Why do undercover officers not need to provide Miranda warnings to suspects?

A

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.

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48
Q

What was the outcome of the undercover operation where officers solicited an inmate?

A

The operation led to the inmate confessing to a murder.

This highlights the effectiveness of undercover work in eliciting confessions.

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49
Q

True or False: Officers must always provide Miranda warnings during undercover operations.

A

False

Miranda warnings are not required if the suspect does not feel coerced.

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50
Q

What is the definition of questioning in the context of crime?

A

Expressly asks for information about a crime

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51
Q

What happens when a suspect speaks without being questioned?

A

His statement is not part of an interrogation

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52
Q

What is an example of an unsolicited statement?

A

The statement ‘you guys will never find it’ caused officers to search for a gun

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53
Q

What type of statements are considered good evidence in legal contexts?

A

Overheard statements

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54
Q

What does the term ‘functional equivalent’ refer to?

A

Covers words or actions that the police know are likely to produce an incriminating response

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55
Q

What is a staged conversation in police interrogation?

A

Police purposely talking to each other in front of someone that the suspect will talk

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56
Q

What is an example of an improper tactic in interrogation?

A

Christian burial case speech

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57
Q

What prompted the suspect to claim the cocaine belonged to him?

A

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.

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58
Q

What was the outcome when an officer found a gun after putting the suspect in the cruiser?

A

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.

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59
Q

Is it acceptable to force a meeting between defendants by telling one they were spoken about?

A

No, it is not acceptable

This practice could lead to coercion and unreliable testimony.

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60
Q

What type of evidence does the Miranda warning apply to?

A

Testimonial evidence

Miranda rights are designed to protect individuals from self-incrimination during custodial interrogation.

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61
Q

What is an example of evidence that does not require Miranda warnings?

A

Physical evidence

This includes evidence like DNA samples and field sobriety tests.

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62
Q

Fill in the blank: Miranda is NOT needed for _______.

A

Statements that don’t include knowledge or beliefs

This includes statements that are not self-incriminating.

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63
Q

What are examples of physical non-testimonial evidence?

A

DNA Sample, Field Sobriety, Voice and handwriting

These types of evidence do not require Miranda warnings.

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64
Q

What is an example of an order that does not require Miranda warnings?

A

Gun License (ORDER TO PRODUCE)

This is a request for documentation rather than testimonial evidence.

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65
Q

Can police use force to take DNA, fingerprints ETC

A

Yes

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66
Q

Three examples of verbal non testimonial evidence

A

Consent

Alphabet sobriety

Booking procedures (employment may be based on charges)

67
Q

Physical and verbal response to admin questions such as are you hurt are testimonial

A

No, even if they can provide some evidence as long as the question is admin

68
Q

What is the Public Safety Exception in law enforcement?

A

Allows officers to ask questions about weapons when there is an immediate risk to public safety.

This exception can apply in situations where officers are concerned about potential threats, such as finding ammunition in a vehicle.

69
Q

What constitutes a proper use of the Public Safety Exception?

A

Asking where the gun is after finding ammo in a car when outnumbered.

This situation is deemed proper because it directly relates to immediate safety concerns.

70
Q

What is an example of improper use of the Public Safety Exception?

A

Coaxing a suspect out of a secure house to reveal the location of a gun.

The house was secure, making the need for immediate safety questioning unnecessary.

71
Q

What additional scenarios does the Public Safety Exception cover?

A
  • Learning about risks posed by drug paraphernalia
  • Learning if a member of the opposite sex is armed
  • Learning if an armed accomplice left the scene

These scenarios involve assessing immediate threats to public safety.

72
Q

True or False: Miranda rights apply to questions asked by private citizens.

A

False

Miranda rights are only applicable in police-dominated situations.

73
Q

In what context does Miranda not cover interrogations?

A

Interrogations in foreign countries by foreign officials.

Miranda rights are specific to the U.S. legal system and do not extend to foreign jurisdictions.

74
Q

Who must provide Miranda warnings when investigating a crime?

A

Government investigators must provide Miranda warnings.

This includes juvenile corrections officials, even for private agencies.

75
Q

What are the key components of a valid waiver of Miranda Warnings?

A

Proper Communication of rights, Voluntary and knowingly, Willing to speak

A valid waiver requires that the suspect understands their rights and chooses to waive them voluntarily.

76
Q

How should Miranda Warnings be properly communicated?

A

Read warnings from a laminated card, Read slowly, Use the FORM in the station

It is important to avoid reciting from memory to prevent mistakes that could render statements inadmissible.

77
Q

What language consideration must be taken into account when providing Miranda Warnings?

A

Provide in a language they understand

This includes offering the warnings in Spanish if the suspect is a Spanish speaker.

78
Q

True or False: It is acceptable to recite Miranda Warnings from memory.

A

False

Reciting from memory can result in mistakes, making statements inadmissible in court.

79
Q

Fill in the blank: To ensure admissibility in court, officers must ask if the suspect ________ to make a statement.

A

[WISHED]

This is an important step to confirm the suspect’s intent to waive their rights.

80
Q

What does a Voluntary and Knowing Waiver require?

A

An explicit statement that the suspect understands his rights and waives them

This ensures that the waiver is not just a formality and that the suspect is fully aware of their rights.

81
Q

What is the standard of proof for voluntary and knowing waiver

A

Beyond a reasonable doubt

This is the highest standard of proof used in law, requiring that the evidence be so convincing that there is no reasonable doubt regarding the defendant’s guilt.

82
Q

What are police NOT obligated to do during an interrogation?

A
  • Inform suspect of reason for interrogation
  • Provide legal advice
  • Inform suspect he has already been charged

These obligations are not required for police to conduct an interrogation.

83
Q

Does refusing to sign a waiver nullify a verbal waiver?

A

No

A verbal waiver remains valid even if the suspect refuses to sign a written waiver.

84
Q

What should be noted if a suspect shows signs of intoxication or withdrawal?

A

They are still able to waive their rights, but it must be noted

This is important for the legal record and to assess the validity of the waiver.

85
Q

What should NOT be said or implied to a suspect regarding their statements?

A

That their statement will remain confidential

Implying confidentiality can affect the suspect’s willingness to provide information and may lead to legal complications.

86
Q

Why might a suspect waive their rights according to the provided content?

A

Because they hope to get a deal that was never promised to them

This reflects a common psychological tactic where suspects may believe cooperation will lead to leniency.

87
Q

What is the duration of a waiver according to the text?

A

Lasts a REASONABLE AMOUNT OF TIME

It is not required to repeat after the defendant implicates himself.

88
Q

What was the conclusion regarding an 18-hour time lapse?

A

Was TOO LONG to rely on initial waiver

This indicates that a significant time lapse may invalidate the initial waiver.

89
Q

Should Miranda rights be provided again when asking about different offenses?

A

Do not provide Miranda again

This suggests that once Miranda rights are waived, they do not need to be repeated for different offenses.

90
Q

What is stated about the use of a polygraph post-Miranda?

A

Polygraph is good POST MIRANDA

This implies that polygraph tests can be conducted after the Miranda warning has been given.

91
Q

What is the 6 Hour Rule (Safe harbor) in police interrogations?

A

Police only have 6 hours to interview the defendant about any subject after arrest.

The clock starts at the moment of arrest, which is crucial.

92
Q

When does the 6 Hour Rule start?

A

At the moment of arrest.

This is important for determining the legality of the interrogation.

93
Q

Is it relevant if the suspect initiates the conversation during the 6-hour period?

A

No, unless the suspect provides a waiver.

Waivers must also comply with Miranda rights.

94
Q

What is an example of a situation that is an exception to the 6 Hour Rule?

A

Exceptions include:
* Medical attention
* Incapacitation
* Emergency
* Consent to search
* Waiver
- out of state arrest

Waivers must be informed and voluntary.

95
Q

What is the requirement for mandatory recording in police interrogations?

A

All custodial interrogations and any interrogations at the station must be recorded.

Failure to record may lead a judge to advise the jury accordingly.

96
Q

What happens if a custodial interrogation is not recorded?

A

The judge will advise the jury.

This can impact the perceived credibility of the interrogation.

97
Q

What is required for jury advisement?

A

Jury advisement is required even if suspect refused to be recorded

98
Q

What must be done if there is an interpreter during an interrogation?

A

Record any interrogation with an interpreter

99
Q

What does a conspicuous sign allow an officer to do?

A

Allows officer to NOT have to inform suspect they are being recorded

100
Q

What should an officer do if a suspect refuses to be recorded?

A

Turn off the recording after Miranda

101
Q

What is the protocol for recording an interrogation?

A

Record entire interview

102
Q

True or False: An officer must ask for permission to record an interrogation.

A

False

103
Q

Fill in the blank: If not in custody or at the station, the suspect _______ have to be recorded.

A

does not

104
Q

What must any reasonable expression of a wish to remain silent or to be represented invoke?

A

Their rights

105
Q

How can a suspect invoke their right to remain silent?

A

May verbally or non-verbally invoke right to silence

Examples include a negative head shake or saying ‘I don’t want to talk, I have nothing to say.’

106
Q

What is required for a suspect to invoke silence during the first time Miranda is given in an investigation?

A

Silence needs to be invoked with ‘the utmost clarity’

107
Q

What was the issue with the suspect who shook their head and then confessed?

A

Confession was inadmissible because the right to remain silent was not properly invoked

108
Q

What could have been done after the suspect shook their head regarding their willingness to talk?

A

Could have asked for clarification

109
Q

Fill in the blank: Any reasonable expression of wish to remain silent or represented invokes their _______.

A

rights

110
Q

True or False: A suspect’s non-verbal indication of silence is sufficient to invoke their right to remain silent.

A

True

111
Q

What is a negative head shake considered in the context of invoking the right to silence?

A

A non-verbal invocation of the right to silence

112
Q

What do you need when a suspect waives his rights then wants to invoke them

A

Heightened Clarity

This concept is crucial in legal contexts regarding the rights of suspects during interrogations.

113
Q

What does the statement ‘I can’t take anymore of this, I want to go home and go to bed’ suggest in a legal context?

A

TOO AMBIGUOUS

Ambiguous statements can complicate the legal process and the suspect’s intentions.

114
Q

What is the implication of a suspect saying ‘I don’t feel like talking, I just want to see my mom’?

A

Should have stopped conversation rather than asking another question

This indicates that the interrogator should respect the suspect’s wish to pause the conversation.

115
Q

What is the advantage of selective answering during an interrogation?

A

Good

Selective answering allows the suspect to maintain control over the conversation and indicate their willingness to engage.

116
Q

What does the statement ‘I would like to stop now because it becomes intricate now and who knows what will happen’ indicate?

A

Proceeding was inappropriate

This reflects the need for the interrogator to recognize when to halt questioning based on the suspect’s cues.

117
Q

What should be done when a suspect stays silent during questioning?

A

Provide a follow-up question to get clarity

This approach helps to ensure that the suspect’s rights are respected and that they are understood.

118
Q

What was the outcome when a suspect waived Miranda rights but later refused to speak for 30 minutes before confessing?

A

Good

This scenario highlights the complexities of confessions and the importance of understanding the suspect’s mental state.

119
Q

What does the phrase ‘Not right now, in a minute, I need to figure some things out’ signify in an interrogation?

A

Not invocation

This indicates that the suspect is not formally invoking their rights but is instead seeking time to think.

120
Q

Do police have to seek a waiver from a suspect who is with their attorney?

A

No, police NEVER have to seek a waiver from a suspect who is with their attorney.

121
Q

What is the status of pre-custodial requests for a lawyer?

A

Police DON’T have to honor a pre-custodial request for a lawyer but should clarify.

122
Q

What should officers do regarding citizens’ need for counsel?

A

Never downplay a citizen’s need for counsel unless there is NO probability they will become a suspect.

123
Q

What should officers clarify regarding pre-custodial requests?

A

Clarify any ambiguous pre-custodial requests for counsel.

124
Q

What is required when a suspect is in custody regarding their right to counsel?

A

You don’t need to explicitly ask if the person wants a lawyer, just read Miranda.

125
Q

What happens when a suspect attempts to contact their lawyer?

A

A suspect’s attempt to contact his lawyer invokes his right to counsel.

126
Q

What constitutes an invocation of the right to counsel?

A

A reasonable expression of desire for counsel is also an invocation.

127
Q

What is the significance of stating ‘I would like an attorney’ during questioning?

A

It invokes the right to counsel and questioning must stop.

This is a crucial aspect of the legal process, as it protects the suspect’s rights.

128
Q

When is a suspect’s request for a lawyer considered invoked?

A

When the suspect explicitly states a desire for an attorney.

Examples include phrases like ‘I need a lawyer’ or ‘I want to speak to my attorney.’

129
Q

What should a police officer do if a suspect seems to invoke their right to counsel?

A

Ask a follow-up question to clarify the request.

For instance, ask if they want a lawyer directly.

130
Q

True or False: A suspect must provide a reason for requesting an attorney.

A

False.

A suspect never has to justify their request for silence or an attorney.

131
Q

What constitutes an insufficient invocation of counsel?

A

Statements about future intentions to get a lawyer.

For example, saying ‘I am going to have to get a lawyer’ does not invoke the right.

132
Q

Fill in the blank: If a suspect states they want a lawyer to sign something, this is considered _______.

A

not an invocation for questioning.

This means the police can continue questioning.

133
Q

What is the appropriate response if a suspect indicates concern about affording a lawyer?

A

The police should stop questioning if the suspect expresses a desire for an attorney.

Even if the request is conditional on affordability, it still invokes the right.

134
Q

What is an example of a good follow-up question when a suspect seems to invoke counsel?

A

Ask if they want a lawyer.

This clarifies their intent and ensures their rights are respected.

135
Q

What must police inform a suspect regarding attorney contact?

A

Police must tell the suspect that the attorney is attempting to contact them and stating not to talk to police

This notification can occur in person or over the phone.

136
Q

True or False: Police can order a suspect to be silent during attorney contact.

A

False

Police cannot order suspects to be silent; it is the suspect’s decision to talk or not.

137
Q

Who has the burden of proof regarding a suspect’s desire to talk to counsel?

A

Police have the burden of proof that the suspect didn’t want to talk to counsel.

138
Q

Do police have to honor past requests by an attorney?

A

No, only immediate requests must be honored.

139
Q

What is the significance of immediate notification to a suspect about attorney contact?

A

It allows the suspect to make an informed decision on whether to talk to police or not.

140
Q

What does the rule regarding attorney contact apply to?

A

It only applies to actual attorneys.

141
Q

What happens if an attorney asks to be present at all questioning?

A

Such a request does not matter if it is not immediate.

142
Q

What must be honored according to the requirements for reapproaching a suspect for questioning?

A

Scrupulously honor request to remain silent

This emphasizes the importance of respecting a suspect’s right to silence during interrogation.

143
Q

How long must a significant time lapse be before reapproaching a suspect for questioning?

A

2 hours

A reapproach within 30 minutes is considered inadequate.

144
Q

What must be done before both interrogations when reapproaching a suspect?

A

Properly advise suspect of his Miranda rights

This is crucial to ensure that the suspect is aware of their rights during the interrogation process.

145
Q

What does the Edwards Rule state regarding the right to counsel?

A

Stop interrogation immediately until counsel is made available

This rule ensures that a suspect has access to legal representation during interrogation.

146
Q

Is the Edwards Rule offense specific?

A

No

The Edwards Rule applies to all interrogations, not just those related to a specific offense.

147
Q

What happens once a suspect is released in relation to questioning after invoking right to silence

A

You may ask him questions immediately

This indicates that the restrictions on questioning do not apply after the suspect has been formally released.

148
Q

True or False: A 30-minute reapproach for questioning is considered good.

A

False

A 30-minute wait is deemed insufficient for reapproaching a suspect.

149
Q

What is the requirement for attorney presence during questioning?

A

Attorney must be present at all questioning

This underscores the legal right of a suspect to have counsel present during interrogation.

150
Q

What is the Edwards Rule regarding the right to counsel?

A

Stop interrogation immediately until counsel is made available

The Edwards Rule states that once a suspect invokes their right to counsel, all interrogations must cease until an attorney is present.

151
Q

Is the Edwards Rule offense specific?

A

No, it is NOT OFFENSE SPECIFIC

The Edwards Rule applies to all interrogations, regardless of the offense.

152
Q

Under what condition does the Edwards Rule apply?

A

As long as the suspect remains in CUSTODY

The rule is in effect as long as the suspect is in custody and has invoked their right to counsel.

153
Q

What happens if a suspect is extradited after invoking their right to counsel?

A

Confession is NOT admissible if they were still in custody

If a suspect invokes their right to counsel and is later extradited, any confession obtained without counsel present is not valid.

154
Q

What is one exception to the Edwards Rule?

A

Defendant statements are admissible in response to notification about a police procedure

This means that if a defendant is informed of a police procedure, their statements can be considered admissible.

155
Q

What is another exception to the Edwards Rule?

A

Defendant INITIATES conversation with police

If the defendant begins the conversation, questioning may proceed following a waiver of rights.

156
Q

What is the third exception to edwards rule right to counsel

A

14 days after defendant is freed from custody you may approach and get a new waiver

157
Q

Defendants waiver must be proven

A

Beyond a reasonable doubt

158
Q

What happens to statements or physical evidence obtained in violation of Miranda rights?

A

They are suppressed

This means that any information obtained without proper Miranda warnings cannot be used in court.

159
Q

What is an exception to the suppression of evidence due to a Miranda violation?

A

Break in stream of events or cat out of the bag

These exceptions allow for some statements or evidence to be admissible despite a Miranda violation.

160
Q

Define ‘Break in Stream of Events’ in the context of Miranda violations.

A

A break in time that insulated the later statement

This refers to a significant gap in time between the initial violation and a subsequent, valid confession.

161
Q

Provide an example of ‘Break in Stream of Events’.

A

A suspect confesses while highly intoxicated, later waives rights and confesses again

In this scenario, the second confession can be considered valid due to the time gap.

162
Q

What does ‘Cat out of the Bag’ refer to in Miranda violations?

A

Initial statement did not incriminate the defendant

This means that if the first statement does not lead to self-incrimination, subsequent, incriminating statements may be allowed.

163
Q

Provide an example of ‘Cat out of the Bag’.

A

Officers forgot to administer Miranda, remembered after ten minutes, and provided warnings

If the first ten minutes of questioning did not produce incriminating statements, the later confession can still be admissible.