Con law Flashcards
Miranda Rights
You have the right to remain silent
Anything you say can be used against you
You have the right to consult with an attorney and have him present during questioning.
If you cannot afford a lawyer and you want one, a lawyer will be provided for you by the commonwealth at no cost to you.
Best practice is to always read from a card
“Fifth Warning”
You may stop questioning at any time.
Encouraged but not required
Administrative of Miranda
Must give substance to each warning
orally or written
Failure to give the substance of each warning - statement will be suppressed.
Miranda Warnings
Custody + Interrogations = Miranda
Groove Factors (LIFF)
Location
Interview Style
Focus
Freedom to leave
Waiver of Miranda Rights
Voluntary
Intelligent
Knowingly
Self-induced disability
Someone under the influence of drugs/alcohol would not be able to waive Miranda rights.
Right to silence invoked
All questioning stops
Unless the suspect initiates
Significant time lapse
- (& following new waiver)
- (No set time but 2 hour interval recommended)
Unless the attorney is present
Suspect released from custody
May question about other unrelated crimes
Right to counsel invoked
All questioning stops
unless suspect initiates
Unless the attorney is present
may NOT question about ANY crime
Attorney Attempt to Contact
Must inform suspect what attorney said
“Your attorney called and said, ‘Dont say anything and they are on the way’”
Non-custody situations
Miranda not required
General on scene questions do not require Miranda
Interrogation
Direct questioning likely to result in an incriminating response
Functional equivalent
Covers words or actions that police know are likely to produce an incriminating response
Staged police conversations
Provocative police comments
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