CONSTITUTIONAL LAW EXAM 6 2O POINTS Flashcards
Direct questioning is likely to result in an incriminating response. This is known as?
Interrogation
In order for Miranda Rights to apply, the officer must first have?
Custody + Interrogation= Miranda
Miranda V. Arizona, before questioning a suspect you will read? OPEN RESPONSE!!
- You have the right to remain silent
- Anything you say can be used against you (in the court of law?)
- You have the right to consult with an attorney and have him/her 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? (Miranda)
Card
There’s 4 criteria used by the court to determine custody (Groome Factors). Think of (LIFF) OPEN RESPONSE!!
- Location
- Interview Style
- Focus
- Freedom to Leave
Interrogation can also occur when police use any words or actions, which they know, or should know, are likely to elicit an incriminating response. This is known as?
Functional Equivalent
Waiver of Miranda Rights must be? OPEN RESPONSE!! Think of VIK!
- Voluntary
- Intelligent
- Knowingly
True/False: Police officers can read Miranda Rights to a drunk person.
False.
(Self-Induced Disability)
It is important to know that if a person invokes the Right to Remain Silent…
ALL Questioning stops,
Unless suspect initiates or attorney is present
But, you may ask questions about unrelated crimes
It is important to know that If a person invokes the Right to an Attorney…
ALL Questioning stops,
Unless suspect initiates or attorney is present
You may NOT ask questions about ANY crime, related or unrelated
______ → Significant deprivation of freedom (significantly seized)
Custody
True/False: Suspect pointed what he believed to be an unloaded firearm and pulled the trigger, shooting another person in the center torso. The suspect sees a police officer and runs to him saying, “ I just killed a man, I did not want to do that! The gun was unloaded”. Based on this scenario, the officer did not read their Miranda Rights. This statement will be admissible in court.
True. Spontaneous Utterance occur
Know the difference between admissible vs. Inadmissible.
Admissible, can be used in court.
Inadmissible, cannot be used in court and will be suppress
“Fifth Warning”- You may stop questioning at any time
Encourage but NOT REQUIRED
Brewer was arrested for abducting a ten-year-old girl and invoked his 5th amendment rights. Knowing that Brewer was deeply religious, the transporting officers began a conversation with each other that they knew would be overheard by Brewer. The officer emotionally stated that he hoped they could find the little girl’s body so she could “go to heaven” and that her parents were entitled to a “Christian burial.” After hearing this conversation, Brewer blurted out where officers could find the body and led them to it. Will the statement (s) be admissible? Yes or no? Why/Why not? (Briefly explain) OPEN RESPONSE!!
No.
The officer knew and elicit a response that was interrogating.
