Crim Pro - Confessions

Question 1

Miranda Warnings + trigger

Answer 1

(remember tv phrase, req. 4 things)
Need not be verbatim, going for substance.

Trigger is “custodial interrogation”

a. Custodial - if at the time of interrogation, a reasonable person would not feel free to leave (objective)
- look if same “inherently coercive pressures” as station house questions are there
- can be in a police car, jail, home, bed etc.
- probation interviews and traffic stops are NOT custodial (anything said can be used against you)

b. Interrogation - any conduct where the police knew or should have known that they might “elicit an incriminating response” from the suspect (focus on officer’s conduct)
- no miranda warning necessary if “spontaneous statement”***

Question 2

Miranda Waiver

Answer 2

Waiver must be knowing and voluntary. Courts look to totality of the circumstances.

Question 3

Invoking Miranda Rights

Answer 3

Invoking right to remain silence must be unambiguous.
- Questioning may be re-initiated only if police wait a significant amount of time, D is re-mirandized, and questions are limited to a crime NOT SUBJECT to earlier questioning.

Invoking right to counsel must be unambiguous. Once invoked, all questioning must cease until either accused is given an attorney, OR the accused initiates further questioning.
- However, if there is a BREAK in custody (being released into general prison population), police can come back and ask to waive Miranda after 14 days.

Question 4

5th v. 6th right to counsel

Answer 4

5th amend arises when suspect invokes miranda rights and requests an attorney.

5th amend is NOT offense specific and applies to entire custodial police interrogation. (all questioning)

6th amend IS offense specific - counsel only needs to be present if D were being asked questions about the specific case which D retained counsel for.

(small caveat - if D did not request, but was instead appointed counsel, police can come back and ask D to waive his right about specific crime)