Con Law Flashcards
How long does the police have to interrogate?
6 hours
Post arrest police have 6hrs to interview the defendant about any subject
Clock starts at time of arrest
Designed to standardize treatment of all subjects regardless of whether they are arrested while court is in session or not
What are the exceptions to the 6hr rule?
Medical attention
Incapacitation
Unanticipated emergency
Consent search
Waiver
Out of state arrest
What is the DiGambattista Rule?
Mandated recording
All custodial interrogations and any interrogations at the station must be recorded
How do suspects invoke their rights?
Verbally
Non-verbally (nodding or shaking head)
Heighten clarity
Right to council
Police never have to seek a waiver from suspect who appears with his attorney
Consequences of Miranda
Any statement or physical evidence obtained in violation of Miranda will be suppressed in court
Public Safety Exception
When the public safety is at risk police officers maybe BRIEF, questions must be NECESSARY TO PREVENT IMMINENT DANGER TO THE OFFICERS OR THE PUBLIC
Miranda during a traffic stop
Generally not required/ no significant deprivation of freedom
Not required prior to administering field sobriety tests
Booking Questions
Generally not incriminating
Evidence found during booking, officers begin to ask questions about evidence the Miranda must be given
Evidence still admissible under plain view
Special protections for juveniles
Courts recognize the vulnerability of juveniles
Failure to have a parent or interested adult present to assist child ages 12-14 will invalidate any Miranda waiver (parents preferred)
If interested adult is chosen, must be 18 or older and not incapacitated (under the influence)
Waiver for a child 14-17 requires adult assistance unless youth is “highly sophisticated”
Important distinction - the rights still belong to the juvenile, a parent may NOT waive rights on the behalf of the child
