Confessions: 5A Miranda Rule Flashcards
What are Miranda Warnings and when must they be given?
Miranda warnings required for custodial interrogations for admission/confession to be admissible (under 5A privilege against self-incrimination).
Inform suspect in custody, prior to interrogation by police:
* (a) Person has right to remain silent
* (b) Anything person says can be used against them in court
* (c) Person has right to presence of attorney; and
* (d) If person can’t afford attorney, one will be appointed for them, if they so desire
Failure to give Miranda warnings is 5A violation
As long as the substance of warnings is conveyed, don’t need to say it verbatim
What is required to waive Miranda rights?
Waiver must be knowing and voluntary
* Prosecutor has burden of showing this by preponderance of evidence (totality of circumstances test)
* Ex. If detainee got Mirandized and chose to answer questions, it’s prob a waiver.
Police do NOT need to inform detainee of possible charges
What is required to invoke right to counsel? What can police do after?
Detainee must unambiguously request counsel (“I want a lawyer”)
All questioning must stop until counsel is provided UNLESS
* (1) Detainee then waives right to counsel (where detainee reinitiates questioning)
* (2) D is released from custodial interrogation and 14 days pass
What must detainee do to invoke right to remain silent? What can police do after?
D must be explicit, unambiguous, and unequivocal in invoking right to silence (“I invoke my right to remain silent”)
* Silence is NOT invocation of right to silence
* Police must scrupulously honor request by not badgering detainee
Police can reinitiate questioning if police (1) waits significant amount of time, (2) re-Mirandize suspect, and (3) limit questions to different crime (not the subject of earlier questioning)
D in custody has NO DUTY to speak at all; exercise of this constitutional right can’t be used against D to show probable guilt
* Miranda warnings carry implicit assurance that silence will NOT carry a penalty
Are Miranda warnings necessary before D talks to police informant?
NO, where detainee is being interrogated by an informant that detainee doesn’t know is working for police
Miranda warnings only necessary if detainee knows he’s being interrogated by gov agent
Are Miranda warnings applicable to uncharged witness at grand jury hearings?
NO, Miranda rule doesn’t apply to uncharged witness testifying before grand jury, even if witness was compelled by subpoena to appear
When is D “in custody”?
(a) Look at whether under the circumstances, a reasonable person would feel that they were free to terminate interrogation and leave and
(b) Whether environment presents same inherently coercive pressures as questioning in police station
What is an “interrogation”?
Any words or conduct by police that they know would likely elicit an incriminating response
Miranda warnings are NOT required for spontaneous statements
Regular questions are OK (ex. do you want water?)
* Routine booking questions are OK (not interrogation)
After receiving Miranda warnings, what can detainee do?
(a) Do nothing (police can continue questioning)
(b) Waive Miranda rights
(c) Assert right to remain silent
(d) Assert right to talk to attorney
If D doesn’t respond to Miranda warnings, Court does NOT presume waiver but also doesn’t presume assertion of right to remain silent/right to attorney; police can keep questioning.
What happens to evidence obtained in violation of Miranda rules? (Police fail to give Miranda warnings)
Confessions, Subsequent Confessions, Nontestimonial Fruits
Confessions: Can’t be used as evidence of guilt but can be used to impeach D’s trial testimony
Subsequent Confessions: If police get confession initially without Miranda warnings and then give Miranda warnings and get subsequent confession, the second confession is inadmissible IF this was intentional
* If initial failure to Mirandize was unplanned/inadvertent, second confession might be admissible
Nontestimonial Fruits: If police don’t Mirandize and detainee gives police info during interrogation that leads to nontestimonial evidence, evidence is NOT suppressed if failure to Mirandize was unintentional
* Evidence suppressed if police didn’t give Miranda warnings on purpose
Ex. Two cops - each think the other gave the Miranda warnings (it was an accident that led to absence of Miranda warnings) –> then nontestimonial evidence IS admissible
What is the public safety exception for Miranda warnings?
Police can interrogate D without Miranda warnings if it’s reasonably caused by concern for public safety
* Ex. To find hidden gun that might hurt innocent people
Admissibility of Defendant’s Statements - Review (5A)
