Criminal Procedure - Miranda Rights (R2C)

Question 1

What must an officer advise a suspect of before custodial interrogation?

Answer 1

When a suspect is subjected to custodial interrogation by an officer, the officer must first advise the suspect of their Miranda rights.

Question 2

What happens if a suspect is not advised of their Miranda rights?

Answer 2

Confession is inadmissible under the Fifth Amendment.

Question 3

What are the two steps to determine if a suspect’s Fifth Amendment rights were violated?

Answer 3

• Determine whether the suspect was eneitled to Miranda rights
• Determine whether law enforcement properly informed the suspect of his/her Miranda rights

Question 4

What constitutes custodial interrogation?

Answer 4

1. A suspect is in custody is he is deprived of his freedom in a significant way. (i.e. a reasonable person wouldn’t feel free to end the encounter by leaving).
2. An Interrogation consists of words and actions that the officer knew or reasonably should have known would likley elicit an incirminating response.

Question 5

When is a suspect in custody?

Answer 5

Deprivation of freedom in a significant way.

** (i.e. is a reasonable person wouldn’t feel free to end the encounter by leaving).

Question 6

What must law enforcement say to ensure a proper conveyance of a suspect’s Miranda rights?

Answer 6

Must be reasonably conveyed the right:
- reamin silent
- to have counsel
- to have counsel appointed if indignant

Question 7

What must occur for a waiver of Miranda rights to be valid?

Answer 7

The suspect must be knowingly, intelligently, and voluntarily waive his rights.

Question 8

How can a suspect waive their Miranda rights?

Answer 8

• Explicitly (orally or in writing)
• Implicitly (acting inconsistent with intent to exercise rights).

Question 9

What is required to invoke the right to counsel?

Answer 9

A clear, express, and unequivocal statement requesting an attorney.

Question 10

Are ambiguous statements sufficient to invoke Miranda rights?

Answer 10

No, they are insufficient.

i.e. “might want to speak to an attorney”

• Burden to invoke is on the suspect. Law enforcement is not obligated to interupt and clairfy ambigious statements or conduct.

Question 11

What happens once the right to counsel is validly invoked?

Answer 11

Custodial interrogation must stop.

Incriminating statements obtained after the invocation are inadmissible to prove the suspect’s guilt.

Question 12

When can law enforcement resume questioning after invoking the right to counsel:

Answer 12

Generally, law enforcement may not resume questioning about any cirme until the suspect has consulted with an attorney or the attorney is present during the interrogation.

Question 13

Exceptions to the general rule post invocation of right to counsel:

Answer 13

• Voluntary Intiation - provides a knowing, intilligent, and voluntariy waiver
• Minimum 14-day release from custody - police must re-administer warnings

Question 14

What terminates custody for Miranda purposes if a suspect is imprisoned?

Answer 14

Ending interrogation or returning to general population.