FIFTH AMENDMENT

Question 1

Fifth Amendment

Answer 1

The Fifth Amendment provides that no person shall be compelled in any criminal case to be a witness against himself.

Question 2

Miranda Warnings

Answer 2

Prior to any custodial interrogation, police must provide Miranda warnings, which include

1. The right to remain silent
2. anything the defendant says can be used against him in a court of law
3. the right to an attorney during any interrogation
4. and if he cannot afford an attorney, one will be provided

Question 3

Miranda Warnings - Custody

Answer 3

A suspect is in custody when he has been formally arrested or if he is deprived of freedom of movement in a meaningful way. The test to determine whether one is in custody is whether a reasonable person in the same circumstance would believe that he is free to leave.

Question 4

Miranda Warnings - Interrogation

Answer 4

An interrogation includes express questioning or any words or actions by the police that they knew or should have known would likely elicit an incriminating response.

Question 5

Waiver of Miranda Rights

Answer 5

A suspect may validly waive his Miranda rights if the waiver is (1) knowingly and intelligently made, (2) voluntary, and (3) uncoerced

Question 6

Invoking Miranda

Answer 6

The suspect must make a clear and unequivocal assertion to properly invoke his Miranda rights

Question 7

Invoking Miranda - Right to Counsel

Answer 7

Upon the suspect’s proper invocation of his right to counsel, all questioning must cease until counsel is present unless the suspect re-instigates the conversation, or at least two weeks have passed since the suspect’s release from custody and the policy provide fresh Miranda warnings

Question 8

Invoking Miranda - Right to Silence

Answer 8

The police must “scrupulously honor” the suspect’s proper invocation of his right to remain silent and can resume interrogation only if the suspect re-instigates. However, the police are free to question the suspect regarding unrelated crimes.

Question 9

Voluntary Statements

Answer 9

Voluntary statements made by the suspect while he is in custody are not protected by the Fifth Amendment even if the suspect invokes his Miranda rights prior to making the statement.

Question 10

Exclusionary Rule and Miranda

Answer 10

Statements obtained in violation of Miranda are subject to the Exclusionary Rule but may be admitted for purposes of impeachment if the defendant testifies at trial. However, the fruit of the poisonous tree doctrine is inapplicable to Miranda violations. Therefore, while the statements themselves are inadmissible, evidence seized in reliance on those statements are admissible.