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BLET > Interrogation Law > Flashcards

Interrogation Law Flashcards

1
Q

At what age can a juvenile waive the right to have a parent or guardian present?

A

16 years old

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2
Q

When are Miranda warnings required?

A

When two elements are present: custody and interrogation.

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3
Q

What are the exceptions to the Miranda requirement?

A
  1. Routine booking questions
  2. Public safety exception
  3. Spontaneous, volunteered statements
  4. Questioning by non-law enforcement persons or undercover officers
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4
Q

What is the public safety exception?

A

Questions involving the locations of a dangerous weapon or instrumentality which threatens public safety may be permitted without Miranda warnings.

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5
Q

What constitutes a valid waiver of Miranda rights?

A

The waiver must be knowing, voluntary, and intelligent. The suspect must make the decision to waive (not the attorney).

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6
Q

What happens if a suspect invokes their right to silence only?

A

Officers must scrupulously honor the suspect’s wish to remain silent, but may approach again after a substantial amount of time has passed.

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7
Q

What is the Edwards rule?

A

Once a suspect in custody unequivocally invokes their Miranda right to counsel, all questioning must cease immediately.

All officers in the state are presumed too know of the invocation.

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8
Q

What is the Shatzer rule?

A

If a suspect is brought back into custody after a 14-day break in custody, officers can attempt to question the individual again.

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9
Q

When does the Sixth Amendment right to counsel attach?

A

At any critical stage of prosecution at or after adversary judicial proceedings have begun.

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10
Q

What are three times when the Sixth Amendment attaches?

A
  1. When the person makes their initial appearance before a judicial official.
  2. At the first appearance in district court.
  3. When an indictment has been issued.
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11
Q

Is the Sixth Amendment right to counsel offense-specific?

A

Yes, it is case or charge specific.

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12
Q

What is a photo lineup?

A

A procedure in which an array of photographs is displayed to an eyewitness to identify the perpetrator of a crime.

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13
Q

What is a live lineup?

A

A procedure in which a group of people is displayed to an eyewitness to identify the perpetrator of a crime.

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14
Q

What is a show-up?

A

A procedure in which an eyewitness is presented with a single live suspect to identify the perpetrator of a crime.

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15
Q

What are the requirements for conducting a show-up?

A
  1. Suspect must match the description and be located in close proximity in time and place to the crime.
  2. Only performed with a live suspect (not a photograph).
  3. Photograph suspect.
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16
Q

What are the filler requirements for lineups?

A
  1. Not unduly suggestive
  2. Must have at least six total people
  3. Be cognizant of voice and clothing
  4. Separate multiple witnesses
  5. Document event with a photograph.
17
Q

What is nontestimonial evidence?

A

Physical evidence taken from the body of a person for comparison with evidence found at the crime scene to develop probable cause.

18
Q

What are three options for seizing body evidence from individuals not in custody?

A
  1. Voluntary consent
  2. Nontestimonial identification order
  3. Search warrant
19
Q

Who can request a nontestimonial identification order?

A

It must be requested by a prosecutor (DA)

20
Q

What three factors must the affidavit for a nontestimonial identification order show?

A
  1. Probable cause to believe a felony offense or a Class A1 or Class 1 misdemeanor has been committed.
  2. Reasonable grounds to suspect that the person named committed the offense.
  3. Results of the specific nontestimonial identification procedures will materially aid in determining whether the person committed the offense.
21
Q

What is the 72-hour rule for nontestimonial identification orders?

A

The order must be served at least 72 hours before the time designated for the nontestimonial identification procedure to be conducted.

22
Q

What constitutes ‘interrogation’ for Miranda purposes?

A

Interrogation means statements or questions designed to elicit an incriminating response, initiated by law enforcement officers after a person has been taken into custody or deprived of freedom.

23
Q

What are the four Miranda warnings for adults?

A
  1. Right to remain silent
  2. What you say may be used in court
  3. Right to have a lawyer present
  4. Right to an appointed lawyer if you cannot afford one.
24
Q

What additional Miranda warning is required for juveniles under G.S. 7B-2101?

A

Juveniles must also be warned that they have the right to have a parent, guardian, or custodian present during questioning.

25
Q

How does the Fifth Amendment protect suspects during interrogation?

A

The suspect must waive their Fifth Amendment rights before any statements made during custodial interrogation can be used in prosecution.

26
Q

How does the Sixth Amendment protect suspects during interrogation?

A

The Sixth Amendment protects against the government deliberately eliciting information on the charge after the right has attached, absent a valid waiver.

27
Q

How can non-custodial interview techniques be used to obtain lawful confessions?

A

Miranda rights only apply while the suspect is in custody. Outside of custody, Miranda protections no longer apply.

28
Q

Who must conduct a lineup under the North Carolina Eyewitness Identification Reform Act?

A

A lineup must be conducted by an independent administrator or by an alternative method approved by the North Carolina Criminal Justice Education and Training Standards Commission.

29
Q

How should individuals or photos be presented in a lineup?

A
  • They should be presented sequentially
  • each separately,
  • in a previously determined order, and
  • removed before the next is presented.
30
Q

What instructions must be given to a witness before a lineup?

A
  1. Perpetrator might or might not be in the lineup.
  2. Administrator doesn’t know suspect’s identity.
  3. Witness should not feel compelled to make an identification.
  4. Importance of excluding innocent persons.
  5. Investigation continues regardless of identification.
31
Q

What are the requirements for the suspect’s photograph in a photo lineup?

A

The photograph of the suspect should be contemporary and, to the extent practicable, resemble the suspect’s appearance at the time of the offense.

32
Q

How should a lineup be composed?

A

The lineup should be composed so that fillers generally resemble the eyewitness’s description of the perpetrator while ensuring the suspect does not unduly stand out from the fillers.

33
Q

In what situations may only a District Attorney’s Office apply for a warrant or order?

A
  1. Obscenity offenses
  2. Non-testimonial identification order

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