Confessions Flashcards
Four requirements of Miranda?
Right to remain silent
Anything you say can be used against you in court
You have the right to an attorney; and
If you can’t afford an attorney, one will be appointed for you if you so desire.
What is the trigger for Miranda?
Custodial interrogation
What is the standard for whether someone is in custody?
A reasonable person would not feel free to leave
In determining whether someone was in “custody,” a court will consider whether the situation presents the same ____ ___ ____ as station house questioning.
Inherently coercive pressures
Probation interviews custodial?
No
Traffic stops custodial?
No
Under the 5th Amendment Miranda doctrine, interrogation is defined as any conduct where the police knew or should have known that they might . . .
Elicit an incriminating response from the suspect.
Miranda warnings are not required prior to the admissibility of this type of statement.
Spontaneous.
A Miranda waiver must have what two elements?
Knowing
Voluntary
When determining whether a Miranda waiver was knowing and voluntary, a court will employ what test?
Totality of the circumstances
If you wish to invoke your right to remain silent, it must be ______.
Unambiguous.
When can police reinitiate questioning after the Defendant has invoked his right to remain silent? (3)
They have waited a significant amount of time
The D is re-Mirandized
Questions are limited to a crime that was not the subject of the earlier questioning.
What must be true of the request for counsel?
Unambiguous
If the accused invokes his right to counsel, all questions must cease until one of the following two are true. . .
The accused is given an atty; OR
The accused initiates further questioning
If there is a break in custody, the police can come back and ask D to waive his Miranda rights after how long?
14 days