Fifth Amendment

Question 1

Fifth Amendment Rule

Answer 1

Any statement made by the defendant is precluded from use of the prosecutor’s case-in-chief unless the defendant understands his 5A rights, right to remain silent + right to counsel, and knowingly + voluntarily waives those rights. Once those rights are invoked it may not be waived in absence of counsel, unless 1) the defendant reinitiates or 2) 14 day break. Because of the incorporation doctrine, the 5A extends to the states through the 14A.

Question 2

Custody

Answer 2

When a reasonable person in the defendant’s position would not feel free to terminate encounter with the police.

Question 3

Interrogation

Answer 3

Express questioning, with words/actions by police, that the police should know are reasonably likely to elicit incriminating statements from the defendant. Routine booking questions are not an interrogation. Voluntary, spontaneous statements are not protected by the language of Miranda.

Question 4

Invoke Rights

Answer 4

Clear, and unambiguous invocation

Question 5

Waiver

Answer 5

Voluntarily and knowingly waiver of rights

Question 6

Public Safety Exception

Answer 6

Officers may interrogate a suspect quickly in an emergency situation. If it is a public safety concern, Miranda will not prevent the statement from being admitted from trial.