Crim Pro: Confessions

Question 1

Confessions:

Answer 1

Obtained by state actor may be suppressed if obtained in violation of:

1. Due Process Clause
2. Sixth Amendment Right to Counsel, or
3. Fifth Amendment Miranda doctrine
   * these protections may overlap. Most tested is Miranda.

Question 2

Confessions Analysis:

Answer 2

1. State Action?
2. Due Process (involuntary0?
3. Sixth Amendment (deliberate elicitation after formal charges)?
4. Miranda (custodial interrogation)?
5. Suppression?

Question 3

Due Process

Answer 3

TEST: Involuntary because will was overborne by state coercion (eg. physical or extreme psychological).

Question 4

Police trick suspect into confessing by lying that co-defendant confessed. Involuntary?

Answer 4

NO

Question 5

Suspect confesses to police after father threatens to beat him. Involuntary?

Answer 5

NO.. not state actor.

Question 6

Sixth Amendment:

Answer 6

6A provides a right to counsel after the initiation of adversarial proceedings. The state cannot undermine this right by deliberate elicitation of ac onfession in the absences of counsel.
Trigger: Formal charges
ex. Indictment not arrest
b. Offense-SpecificL extends only to charged offenses not uncharged unrelated criminal activity.
Test: deliberately elicit without counsel or waiver.
Waiver: knowing, intelligent, voluntary

Question 7

Post-indictment, officer posing as prisoner converses to cellmate to obtain confession. Deliberate elicitation?

Answer 7

Yes

Question 8

Post-indictment, officer overhears inmate confessing to cellmate. Deliberate elicitation?

Answer 8

No

Question 9

Post-indictment, police set up car “date” between co-defendants, with cooperating one wired. Deliberate elicitation?

Answer 9

Yes

Question 10

Miranda

Answer 10

SC has construed the 5A privilege Against Self-Incrimination to provide, in the context of custodial interrogation, a right to 
1. Right to counsel and
2. Silence
and to require
3. Miranda warning before questioning.

Question 11

Miranda Analysis

Answer 11

1. Custody (arrest or functional equivalent)?
2. Interrogation (know reasonably likely elicit incriminating response)?
3. Warning (silence, use, counsel, provided)?
4. Invocation (silence or counsel unequivocally)?
5. Waiver (knowing, intelligent, voluntary)?

Question 12

Miranda Trigger

Answer 12

Custody

a. Arrest of equivalent restriction on freedom (under totality of circumstances).
b. Coercive police dominated environment (even if does not rise to level of Due Process violation).

Question 13

Miranda Test:

Answer 13

Qestioning.

a. Express questioning
b. Words or conduct police knew or should have known to be reasonably likely to elicit incriminating response.

Question 14

Officer poses as prisoner questions cellmate. Custody?

Answer 14

NO

Question 15

Officer questions suspect who voluntary comes to station house. Door unlocked, no indication cannot leave. Custody?

Answer 15

No

Question 16

Officer takes convicted prisoner from cell to conference room for questioning not physically restrained told could go back to cell. Custody

Answer 16

No

Question 17

Cuffed suspect in squad car spontaneously confesses. Interrogation?

Answer 17

NO

Question 18

Cuffed suspect in squad car, whom officer knows is religious, tells where girl’s body is after remarking it would be tragic if parents could not give her a christian burial. Interrogation?

Answer 18

Yes

Question 19

Miranda: Warnings

Answer 19

Rule: MUST Mirandize suspect before custodial interrogation.
Warnings: Must apprise suspects of
1. Right to remain silent
2. Any statement used against you in court of law
3. Right to counsel before and during questioning
4. iF you can’t afford attorney, one will be appointed to you.

Question 20

Miranda: Invocation

Answer 20

Test: suspect must invoke right to silence or counsel UNEQUIVOCALLY and EXPRESSLY.
Result: Interrogation must cease immediately

Question 21

Resumption of Interrogation: Silence

Answer 21

Pre-condition: “scrupulously honored original invocation”
Waiting period: “significant period” (>/ several hours)
Crime: different
Requirements: new warning + valid waiver

Question 22

Resumption of Interrogation: Counsel

Answer 22

Pre-condition: “scrupulously honored original invocation”
Waiting period: 1. suspect initiates OR 2. >/ 2 weeks since custody.
Crime: Any
Requirements: new warnings + valid waiver
*NOTE: release back to general prison population counts as release from custody for both silence and counsel

Question 23

Miranda Waiver

Answer 23

Rule: Confessions obtained through custodial interrogation are admissible if a Mirandized suspect waives his rights in a knowing, intelligent and voluntary manner.

Question 24

Knowing and intelligent
Voluntary
Waiver

Answer 24

• basic understanding of nature of rights and consequences of abandonment from warnings
• not coerced by police
• Waivers may be express or implied from course of conduct

Question 25

Suppression: Exclusionary Rule

Answer 25

``` Fruit of D's Due Process, 6A, and Miranda Rights are inadmissible. General Exceptions: 1. Independent Source 2. Inevitable Discovery 3. Attenuation ```

Question 26

Miranda Exceptions to Suppression

Answer 26

1. Confessions if public policy requires (custodial interrogation) 2. Impeachment 3. Physical Fruit of Miranda Violation 4. Witness Testimony 5. Invalid followed by Valid Confession * Admit valid confession if the prior invalid confession was voluntary and not deliberate evasion of Miranda.

Question 27

After suspect unambiguously invoked right to counsel, questioning ceased. Police initiated questioning one week after without counsel and obtained confession. Suppress?

Answer 27

Yes-- needed two weeks

Question 28

Body found as a result of post-indictment un-MIrandized custodial interrogation without counsel. Suppress?

Answer 28

YEs

Question 29

Body found as result of confession from police beating and separately by independent police canine search. Suppress?

Answer 29

NO -- indep source.

Question 30

Incriminating statements from immediate questioning of arrested bobbing suspect foiled event. Suppress?

Answer 30

No--public safety

Question 31

Un-Miranized custodial interrogation led to discovery of cohort whose testimony would incriminate suspect. Suppress?

Answer 31

No

Question 32

Following un-Mirandized but voluntary living room confession later found to be custodial, arrestee gives Mirandized station house confession after valid waiver. Suppress?

Answer 32

NO.