Confessions: 5th Amendment Miranda Warning

Question 1

What do 5th amendment Miranda warnings say?

Answer 1

1) detainee has the right to remain silent

2) has the right to counsel

Question 2

When are Miranda warnings required?

Answer 2

anyone held in govt. custody and accused of a crime must be given Miranda warnings prior to interrogation warnings by the police

Question 3

How does one determine whether custody exists?

Answer 3

two step process:

1) would a reasonable person under the circumstances feel that he was free to terminate the interrogation and leave.
2) whether the relative environment creates the same kind of station house pressures

Question 4

If a detainee waives his rights under miranda, what does the govt. have to show?

Answer 4

that the waiver was knowing and voluntary

Question 5

if Miranda rights are violated, and evidence is obtained

Answer 5

the evidence is inadmissible at trial under the EXCLUSIONARY RULE

Question 6

What are some exceptions to the exclusionary rule?

Answer 6

1) independent source
2) if govt. can prove that beyond a reasonable doubt, the error was harmless because D would have been convicted without the tainted evidence