Interrogation and Identification

Question 1

Confession

Answer 1

Voluntary statement directly acknowledge guilt

Question 2

Admission

Answer 2

Acknowledgement of a fact

Question 3

Custody

Answer 3

Any restraint of a person that would lead a reasonable person to believe that they arenot free to leave

Question 4

Interrogation

Answer 4

Asking questions designed to elicit responses from the suspect that may acknowledge guilt, or implicate the suspect as being a party to a crime

Question 5

Rights Waiver

Answer 5

An individual’s silence to the waiver question can never be interpreted as a valid waiver. These rights must be voluntarily, intelligently and knowingly waived.

Question 6

Questioning Without Giving Miranda Warnings

Answer 6

the “public safety” or “emergency” exception where a police officer may question a person in custody prior to reading them there Miranda Warnings.

Question 7

Non-Custodial Interrogation

Answer 7

Statements made by persons being questioned who are not in custody and free to go, will be admissible provided they do not have an attorney on the matter.

Question 8

Spontaneously Volunteered Statement

Answer 8

Those statements which are made freely by a person and are not the result of any inducement, coercion or encouragement, will be admissible

Question 9

Right to Counsel (in custody)

Answer 9

• Whenever suspects are in custody and indicate they want an attorney.
• Whenever suspects are in custody on a particular charge and have an attorney on that charge
• Whenever a suspect is in custody and an attorney contacts the police advising them that he represents the suspect.

Question 10

Right to Counsel (not in custody)

Answer 10

-When a suspect is not in custody, but has retained an attorney with respect to the particular matter under investigation, the suspect has an absolute right to counsel regarding matters for which an attorney has been retained.
-Whenever an attorney advises the police he represents a suspect who is not in custody, the suspect has an absolute right to counsel regarding any matters on which the attorney represents the suspect
.-Whenever an accusatory instrument has been filed, the suspect has an absolute right to counsel on charges covered in the accusatory instrument

Question 11

Showups

Answer 11

This is a one-on-one display of a suspect to a victim, usually within minutes after a crime is committed. This procedure is conducted by the patrol officer. (Bring Victim to Suspect)

Question 12

Emergency Hospital Show-Ups

Answer 12

• Should be a one-on-one showing of a suspect to the victim.
• When victim of a crime that is critically injured and likely to die has been removed to the hospital and may die before a lineup procedure can be employed.
• A suspect who is under arrest may be removed to hospital for a show-up.
• A suspect who is not under arrest may be removed to the hospital for a show-up due to the seriousness of the injuries

Question 13

Group ID

Answer 13

Occasions will arise where an officer will ask a witness if theycan identifythe suspect from a group of persons not in police custody

Question 14

Lineups

Answer 14

This involves the placing of a criminal suspect ina lineup with at least fiveother persons for the purpose of identification by victim or witnesses.

Question 15

Photo Identification

Answer 15

Mug Shot Viewing and Photo Array