Criminal Procedure

Question 1

When does a seizure occur?

Answer 1

A person is seized by the police when an officer, by means of physical force or show of authority, terminates or restrains freedom of movement in such a way that a reasonable person would believe he was not free to leave.

Question 2

When does the 4th Amendment permit seizures?

Answer 2

1. Pursuant to a valid arrest warrant;
2. When police have probable cause to believe the individual committed a felony;
3. For a brief period of time if the police have a reasonable suspicion based on articulable facts that the individual in question has recently been involved/ about to be involved in criminal activity.

Question 3

Miranda Rule

Answer 3

Any statement obtained as the result of a custodial interrogation may not be used against the suspect at a subsequent trial unless the police provided procedural safeguards effective to secure the privilege against self-incrimination.

An interrogation refers not only to questioning, but also to words or actions that the police know or should know are likely to elicit an incriminating response.

A person is in custody when he is not free to leave or is otherwise deprived of his freedom in any significant way.

Question 4

When is a confession involuntary?

Answer 4

Only if the police coerced the defendant into making the confession.

Question 5

Test / factors for determining whether a statement is voluntary or involuntary

Answer 5

Whether a statement is voluntary or coerced is determined based on the totality of the circumstances, including facts such as the conduct of the police, the characteristics of the defendant, and the time of the statement.