Exam 7 Flashcards
How long is the interrogation rule?
6 Hours
(Clock starts when the arrest is made)
From what case did the interrogation rule come from?
Digiambattista v. Comm
What are the consequences if you dont Miranda before questioning?
Statements will get supressed
Public Safety Exception
Police officer may briefly question a suspect in custody without Miranda
The questions must be necessary to prevent imminent danger to officer or public
Is a Miranda required during traffic stops?
Miranda are generally not required
Are booking questions incriminating?
They are generally not incriminating
Juveniles and Miranda
Ages 12 and 13
must have a parent or interested adult present
Juveniles and Miranda
Ages 14-17
needs interested adult present unless youth is highly sophisticated
Juveniles and Miranda
Ages 18 or older
The rights belong to the juvenile
(Adult cannot choose to waive Miranda)