Fifth Amendment -- Interrogation Flashcards
When does an interrogation occur?
An interrogation occurs when a person in custody is subjected to “express questioning or its functional equivalent.”
What is the functional equivalent of interrogation?
Words or actions that police should are reasonably likely to elicit an incriminating response from the suspect. You should focus on the perceptions of the suspect, rather than the intent of the police.
Is there interrogation when the defendant is in the back of the cop car, and the police in the front are talking to each other trying to guilt trip the defendant to reveal the location of the gun so that a little kid does not shoot herself?
No, this is what happened in Innis the court held there was no interrogation.
Does Miranda protect a suspect who converses with someone who happens to be a gov’t agent?
No, if the undercover cop is the cellie with the defendant, Miranda does not protect the defendant.
Can a defendant impliedly waive his Miranda rights by refusing to a sign a waiver, but instead say I will talk to you but refuse to sign any form?
Yes, this is a sufficient implied waiver.
Can you waive your right to remain silent by simply talking?
Yes, when the defendant did not say that he did not want to talk to the police, but instead just stayed silent, and accidentally said yes when the police asked him if he forgives god for killing the boy, the court held he impliedly waived his miranda rights.
In order for a waiver to be sufficient, do the police need to inform the defendant about things going on outside of the interrogation room, e.g,, his lawyer is trying to contact him?
No, in terms of the Knowledge and Voluntariness elements its completely irrelevant, however, it may be important for intelligence.
