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BLET > Interrogation Law Deck #2 > Flashcards

Interrogation Law Deck #2 Flashcards

1
Q

Custody

A

A suspect is in “custody” for Miranda purposes when they have been formally arrested or when their freedom of movement has been restrained to the extent associated with a formal arrest.

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2
Q

Custody Test

A

Would a reasonable person in the suspect’s position believe they were under arrest? Pennsylvania v. Bruder.

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3
Q

Custody Test for Juvenile

A

Would a reasonable juvenile of that age feel free to leave or believe they are arrested.

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4
Q

Seizure

A

When a reasonable person would not feel free to leave (stopping someone’s movement).

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5
Q

Amendment Protecting Seized Individuals

A

Fourth Amendment

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6
Q

Amendment Protecting Custody Individuals

A

Fifth Amendment

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7
Q

Voluntariness

A

Totality of the circumstances

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8
Q

State v. Jackson

A

The fact that officers lie to the suspect about the existence of evidence or witnesses against them does not mean the subsequent confession is automatically involuntary. Instead, the court will include the use of deception as one factor in the “totality of the circumstances” test.

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9
Q

Miranda v. Arizona

A

Custodial interrogation interpretation of the Fifth Amendment.

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10
Q

Interrogation related to Miranda v. Arizona

A

Statements or questions designed to elicit an incriminating response; “questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of their freedom of action in any significant way.”

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11
Q

Traffic Stop and Miranda

A

Stops for traffic violations are not normally considered custodial for Miranda.

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12
Q

Exceptions to Miranda Requirement

A
  • Routine Booking Questions,
  • Public Safety Exception,
  • Spontaneous, volunteered statements that are not the result of custodial interrogation,
  • Custodial or noncustodial questioning by non-law enforcement persons who are not acting as agents of the police or by undercover officers.
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13
Q

Routine Booking Questions

A

Questions designed to further the arrest process are, by definition, not designed to incriminate the suspect (e.g., height, weight, eye color).

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14
Q

Public Safety Exception

A

Even if custodial interrogation occurs, questions involving the location of a dangerous weapon or instrumentality that threatens public safety may be permitted under the public safety exception.

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15
Q

Spontaneous, Volunteered Statements

A

Statements that are not the result of custodial interrogation do not require Miranda warnings.

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16
Q

Custodial or Non-Custodial Questioning by Non-Law Enforcement

A

Noncustodial questioning by non-law enforcement persons or undercover officers does not require Miranda warnings.

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17
Q

Juvenile Miranda Warnings

A
  • That the juvenile has a right to remain silent,
  • that any statement the juvenile makes can be used against the juvenile,
  • that the juvenile has a right to have a parent, guardian, or custodian present during questioning,
  • and that the juvenile has a right to consult with an attorney.
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18
Q

Minimum Age for Juvenile Waiver of Right to Have Parent Present

A

16 years old.

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19
Q

Waiving of Rights

A
  • knowing,
  • voluntary, and
  • intelligent waiver from the suspect.
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20
Q

Valid Waiver of Miranda

A

The suspect must make the decision to waive (not the attorney). If the suspect’s waiver of rights is ambiguous, the officer is allowed to ask questions to clarify.

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21
Q

Invocation of Right to Silence Only

A

Officers may approach again if the suspect invoked the right to silence only after a substantial amount of time has passed or if the suspect initiates the conversation. Miranda warnings must be re-read.

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22
Q

Noncustodial Interview Techniques

A

Noncustodial interviews do not require Miranda warnings and do not involve custody or arrest.

Techniques include:
* informing the suspect they are not under arrest,
* not surrounding the suspect with officers,
* not displaying weapons,
* allowing the suspect to make phone calls or have a cigarette.

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23
Q

Fifth Amendment Rights during Interrogation

A

The Fifth Amendment rights protect suspects from self-incrimination during interrogation by law enforcement officers.

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24
Q

Sixth Amendment Rights during Interrogation

A

The Sixth Amendment rights protect suspects by ensuring the right to counsel during interrogation and other critical stages of prosecution.

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25
Q

Inculpatory Statement

A

Statements that incriminate someone in a criminal act.

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26
Q

Exculpatory Statement

A

Statements that exonerate someone from a criminal act.

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27
Q

Difference between Seizure and Custody

A

Seizure under the Fourth Amendment involves restraint of a person’s freedom of movement, while custody under the Fifth Amendment involves formal arrest or significant restriction of freedom equivalent to arrest.

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28
Q

When are Miranda Warnings Required?

A

Miranda warnings are required when both custody and interrogation are present.

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29
Q

Noncustodial Interrogation

A

Does not require Miranda warnings; the individual is not under arrest, and a normal person would feel free to leave at any time.

30
Q

Avoiding a Finding of Custody

A
  • Inform the suspect they are not under arrest,
  • do not surround the suspect with officers,
  • do not display weapons,
  • inform the suspect they are free to leave,
  • allow them to make calls,
  • interview in a familiar environment,
  • allow family members to be present.
31
Q

Subsequent Interrogation after Right to Silence Only

A
  • After a substantial amount of time has passed,
  • or the suspect initiates the conversation.
  • Must re-read Miranda warnings.
32
Q

Invocation of Right to Counsel

A

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

33
Q

The Edwards Rule

A

The Edwards rule controls questioning by all law enforcement officers in North Carolina. Once a suspect invokes their Miranda right to counsel, all officers in the state are presumed to know of the invocation.

34
Q

The Shatzer Rule

A

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

35
Q

The Sixth Amendment Right to Counsel

A

The Sixth Amendment gives defendants a right to counsel at any critical stage of prosecution at or after adversary judicial proceedings have begun.

36
Q

Massiah Rule

A

The Sixth Amendment protects against the government deliberately eliciting information from a suspect after the Sixth Amendment right to counsel has attached.

37
Q

Times When Sixth Amendment Attaches

A
  • When the person makes their initial appearance before a judicial official,
  • at the first appearance in district court,
  • or when an indictment has been issued, whichever occurs first.
38
Q

Sixth Amendment Invocation

A
  • When a person hires a lawyer,
  • asks the court for a lawyer,
  • or gets a court-appointed lawyer.
39
Q

Sixth Amendment Right to Counsel Specificity

A

The Sixth Amendment right to counsel is offense-specific.

40
Q

Eyewitness

A

A person, including a law enforcement officer, whose identification by sight of another person may be relevant in a criminal proceeding.

41
Q

Filler

A

A person or a photograph of a person who is not suspected of an offense and is included in a line-up.

42
Q

Independent Administrator

A

A line-up administrator who is not participating in the investigation of the criminal offense and is unaware of which person in the line-up is the suspect.

43
Q

Line-ups

A

Photo lineup and live lineup.

44
Q

Photo Line-up

A

A procedure in which an array of photographs is displayed to an eyewitness for the purpose of determining if the eyewitness can identify the perpetrator of a crime.

45
Q

Live Line-up

A

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

46
Q

Show-up

A

A procedure in which an eyewitness is presented with a single live suspect for the purpose of determining whether the eyewitness can identify the perpetrator of a crime.

47
Q

Juvenile Show-ups

A

Must take a picture of them if they are over ten.

48
Q

How to Conduct a Show-up

A
  • Does not require fillers or an independent administrator.
  • Must have geographic and temporal evidence that supports the show-up.
  • Shall only be performed using a live suspect (not a photograph).
  • Investigators shall photograph a suspect at the time and place of the show-up to preserve a record.
49
Q

Filler Requirements

A
  • Not unduly suggestive.
  • Must have six total people.
  • Be cognizant of voice and clothing.
  • Separate Multiple Witnesses.
  • Document Event with a photograph.
50
Q

Requirements of Photo Line-ups

A

Must have at least six pictures. Not unduly suggestive. Be cognizant of clothing.

51
Q

Independent Administrator for Line-ups

A

Administrative Inspections

52
Q

Nontestimonial Identification

A

Purpose: Seizing body evidence. Suspect not in custody.

53
Q

Nontestimonial Evidence

A

Evidence from the body that will either exonerate or implicate an individual in a crime (e.g., fingerprints, palm prints, foot prints, dental impressions, hair, handwriting, photographs, line-ups).

54
Q

Seizing Body Evidence for Individuals in Custody

A

Voluntary Consent, Warrantless seizure incident to lawful custody (booking photo or fingerprints), Search warrant.

55
Q

Seizing Body Evidence for Individuals Not in Custody

A
  • Voluntary Consent,
  • Nontestimonial identification order,
  • Search Warrant.
56
Q

In Court Identification

A

Testimony by a witness at a trial or in a court proceeding that they observed at the time and place of the crime.

57
Q

Out of Court Identification

A

Testimony by a witness at a trial or in a court proceeding that the witness selected the defendant at an identification procedure held before trial, such as a lineup, show-up, or photographic identification.

58
Q

Eyewitness Reform Act

A

The two primary constitutional concerns in eyewitness identification cases are: Due process (under the Fifth and Fourteenth Amendments) and Right to counsel (under the Sixth Amendment).

59
Q

Reliability of Eyewitness Identification Factors

A
  • Opportunity to view,
  • Degree of attention,
  • Accuracy of description,
  • Level of certainty,
  • Time between the crime and the confrontation.
60
Q

Independent Basis or Origin

A

If the witness participated in an illegal or “unduly suggestive” or unreliable out-of-court identification procedure, the witness might still be able to make an in-court identification of the defendant.

61
Q

Serving a Nontestimonial Identification Order

A

Must be delivered directly to individual at least 72 hours prior.

62
Q

Use of Force in Nontestimonial Identification Order

A

Reasonable or necessary force may be used to conduct the procedure.

The person cannot be detained longer than is reasonably necessary and in no case, more than six hours unless the person is arrested.

63
Q

Return of Nontestimonial Order

A

The order must be returned to the judge who issues it or a judge designated in the order within ninety days.

64
Q

Role of Attorney in Nontestimonial Evidence

A

The lawyer can’t intervene. They can be present.

65
Q

Issuing Nontestimonial Identification Order a Second Time

A

No, unless there is different evidence that was not reasonably available when the previous order was issued.

66
Q

Search Incident to Arrest in Motor Vehicle

A

Only when the person is unsecured, and within reaching distance of the passenger compartment at the time, the search is conducted (not likely). Such a search incident to arrest may occur if the officer reasonably believes there is evidence in the vehicle which is relevant to the crime.

67
Q

Search of a Person Incident to Arrest

A

Regardless of the offense leading to the arrest, officers have the automatic right to search the arrested person and her lungeable (immediately within reach) area incident to the arrest.

68
Q

Scope of Search Incident to Arrest

A

Limited to the arrested person (but not the body cavities) and the area and objects within the arrested person’s immediate control (grab or lunge area).

69
Q

Seizure Definition

A

When, under the circumstances, a reasonable person in his position would not feel free to walk or drive away from the law enforcement officer.

70
Q

Anticipatory Search Warrant

A

A warrant that is issued before all the facts or events taking place that create the probable cause to search.

71
Q

Lawyer Presence in Photographic Line-up

A

No

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