Fourteenth & 5th Amendment/ Basics of Miranda

Question 1

DP voluntariness test

Answer 1

1. Was there coercion?/ Was the D’s will overborn?

2. Was there state action?

Question 2

Amends for DP and definition

Answer 2

5th Amend DPC is binding on states via the DPC of the 14th Amend and bars the use of coerced and involuntary statements in all criminal proceedings

Question 3

5 factors to look at to determine whether a confession was coerce

Answer 3

1. threats or use of violence
2. objective circumstances
3. promises of leniency
4. compulsion
5. active deception

Question 4

Test to determine if D’s will was overborn

Answer 4

totality of the circumstances considering several factors

Question 5

Burden of proof to demonstrate voluntary statement

Answer 5

prosecution must prove by a preponderance of evidence that statement was voluntary

Question 6

Threats or use of violence

Answer 6

A. threats against D or D’s family

B. “What happens here will affect your whole life” is not enough

Question 7

Objective circumstances (most often used for psychological coercion)

Answer 7

A. length and duration of questioning
B. physical conditions: lack of food, water, sleep, etc.
C. D’s age
D. intelligence level
E. experience with law enforcement and the legal system
F. mental illness
i. no need to show reliability, only that mentally ill D’s statement was not coerced
G. intoxication (usually not enough to render “involuntary”)
H. language barriers
I. playing upon religious beliefs

Question 8

promises of leniency (rarely)

Answer 8

a. a promise is not enough.
b. must be sufficient inducement to be the motivating cause of the confession
c. guarantee of no jail can be enough
d. cf. advice or exhortation to tell the truth is permissible
e. cf. pointing out the benefits that would flow naturally from the truth is permissible

Question 9

compulsion

Answer 9

custodial interrogation is inherently compulsive

length of interrogation

Question 10

What police station questioning is NOT considered interrogation?

Answer 10

if asked to come down at a later time

if police ask them instead of demand

Question 11

active deception (maybe)

Answer 11

a. must be extreme
b. mild deception is ok
i. lying about having witnesses, DNA evidence, etc.
ii. cop disguised as priest to elicit confession is not ok
c. cannot fabricate physical evidence

Question 12

Purpose of voluntariness requirement

Answer 12

i. the interest in reliable, trustworthy evidence (coerced statements are unreliable testimony)
ii. the preservation of individual freedom of choice (volition not seriously impaired)
iii. deterrence of coercive police methods (to prevent fundamental unfairness in the use of evidence)

Question 13

Harmless error review

Answer 13

i. Post conviction state must demonstrate only that coercion did not contribute to the verdict.
ii. no automatic reversal

Question 14

When may a coerced confession be used at trial?

Answer 14

NEVER. Not even for impeachment

Question 15

What are the exceptions to the voluntariness rule?

Answer 15

None. No good faith exception.

Question 16

What remedies are available for coerced confessions?

Answer 16

ER

FotPT

Question 17

Fruit of the poisonous tree exceptions

Answer 17

1. independent source
2. inevitable discovery
3. dissipated taint

Question 18

Miranda analysis

Answer 18

A. Is it a police interrogation?
B. Is it custodial? 
C. Was there a valid waiver of the rights or invocation of rights?
D. Did police questioning continue? 
E. Exceptions 
F. Remedies

Question 19

What is a police interrogation?

Answer 19

Express questioning

Any police action reasonably likely to elicit an incriminating response

Question 20

Who conducts police interrogation?

Answer 20

Law enforcement

Private party police agent

Question 21

What is custodial interrogation?

Answer 21

Formal arrest or restraint on freedom of movement to the degree associate with a formal arrest

Question 22

Factors to determine custody

Answer 22

length of detention
place of detention
whether D was being questioned as W or suspect

Question 23

What is not considered custody?

Answer 23

4th Amend detention
Stop and Frisk/ Terry
Imprisonment, if D was imprisoned for an unrelated crime

Question 24

What factors establish a valid waiver?

Answer 24

Knowing, intelligent, and voluntary waiver

Question 25

What must police do upon D asserting Miranda rights?

Answer 25

cease questioning immediately

Question 26

When may police resume questioning after the invocation of Miranda rights?

Answer 26

after 14 days have passed
if D has lawyer present
if D goes to the cops to talk
if another cop comes to question and reads rights again

Question 27

How must D demonstrate an invocation of his rights?

Answer 27

By a clear, unequivocal assertion

Question 28

Implied waiver test

Answer 28

totality of the circumstances:

• if it is clear that D understands his rights
• but he refuses to sign waiver
• must make a clear, unequivocal assertion to invoke rights
• silence is not enough

Question 29

Is the 5th amend crime specific?

Answer 29

No. Applies to all crimes. Police cannot question about any crime when trying to elicit inculpatory statements

Question 30

What statements are barred from admission once Miranda right is invoked?

Answer 30

testimonial statements

secondary evidence is admissible

Question 31

When is secondary evidence discovered due to Miranda violation NOT admissible?

Answer 31

if the interrogation was coercive (do 6th Amend analysis)

if direct product of an illegal search (4th amend analysis)

Question 32

4 exceptions to Miranda requirement

Answer 32

1. investigatory stage
2. exigency/ public safety
3. undercover agent
4. routine booking

Question 33

exigency/ public safety exception to Miranda

Answer 33

would a reasonable officer under the circumstances believe public safety is in danger?

Question 34

undercover agent exception

Answer 34

covert custodial interrogation by police considered voluntary statement by false friend

Question 35

routine booking exception

Answer 35

administrative type questions are ok

address, weight, height, DOB