Con Exam 6 Flashcards
Direct questioning likely to result in an incriminating response.
Interrogation
The 5th Amendment does what
protects individuals from self-incrimination
From court case: MIRANDA V ARIZONA
What are the Miranda Rights?
- You have a right to remain silent.
- Anything you say can be used against you.
- You have a right to consult with an attorney and have him present during questioning.
- If you cannot afford a lawyer and want one, a lawyer will be provided for you by the Commonwealth at no cost to you.
What is the ‘5th Warning’?
‘5th Warning’ (NOT required) = you may stop questioning at any time.
What equals Miranda?
Custody + Interrogation
Groome Factors – 4 criteria used by the court to determine custody: (LIFF)
Location
Interview Style
Focus
Freedom to leave
Waiver of Miranda rights
VIK
Voluntary
Intelligent
Knowingly
Drunk person can NOT waive Miranda (Self-Induced Disability).
What are the duties of a police officer in regards to the 5th amendment
Police not only have the duty to stop questioning and informing but they also have a duty to relay the substance of the attorney’s message.
What is an Excited Utterance?
Statement about an event that just happened, like a woman running out of a car emotional saying ‘I just hit and killed him.’
Do not need to Miranda at first. If there’s a pause and actual questioning starts, need to Miranda.
In a scenario, how do you identify the point of seizure and custody?
Point of seizure: turning on your blue lights and siren, telling a person to stop. Point of custody: handcuffs, back of cruiser.
interrogation can occur when police use any words or actions, which they know, or should be reasonably aware, are likely to elicit an incriminating response
Functional Equivalent
T/F
Vast majority of police/citizen discussion do not fall under Miranda protective umbrella
True
Significant deprivation of freedom, arrest, significant detention
Custody
If a person is on drugs/alcohol, would not be able to waive Miranda
What is this called?
Self-induced disability
Right to silence invoked
ALL questioning stops
Unless suspect initiates; or
Unless attorney is present
May question them about other unrelated crimes
Right to counsel invoked
ALL questioning stops
Unless suspect initiates; or
Unless attorney is present
May NOT question them about ANY crime
