Interrogations

Question 1

Fifth Amendment: Right not to Testify Against Oneself

Answer 1

• Cannot be compelled in a criminal case to be witness against oneself
• Applies to natural persons, not corporations or unions
• Applies to testimonial evidence, not physical evidence.
• Only applies to statements made by the individual to the government. (A does not need to incriminate to Gov. But B, who had a conversation with A, can be compelled to testify to G.)

Rule: If someone is given immunity from prosecution in exchange for their statements, they cannot refuse to answer.

Question 2

Custodial Interrogations

Answer 2

Statements made as a result of custodial interrogation are inadmissible unless they are accompanied by procedural safeguards. [Miranda warning]

• “Custodial”: The person being questions has been arrested or is otherwise not free to leave.
• If not in custody, no warning required.
• If someone is in prison, they are not “in custody” if they are free to go back to their cell.

Interrogation: Involves either the official asking questions or engaging in other words that police know or should know will elicit a response.

• Does not include volunteered statements
  
  • Does not include questions for routine booking

Question 3

Miranda Warnings

Answer 3

“You have the right to remain silent, any statement you make may be used against you in court; you have the right to consult an attorney and to have the attorney present during questioning; and, you have the right to have an attorney appointed if you cannot afford one.”

• Interrogators must ask if defendant understands these rights.
• Right to Silence must be invoked.
  
  • Police immediately stop interrogation
  • Can return after a substantial period of time
• Right to Counsel must be invoked
  
  • Police cannot engage until lawyer present or defendant voluntarily initiates contact
  • Police do not have the duty to tell defendant that lawyer is trying to reach them

Public Safety Exception: When public safety is at risk, police fo not have to give Miranda warnings before questioning (immediate threats)

Question 4

Involuntarily Obtained Statements

Answer 4

[Violation of 5th Amendment]

Rule: An involuntarily obtained statement is never admissible against the defendant.

• Evidence obtained by the involuntary statement is considered “fruit of the poisonous tree” and is presumptively inadmissible
• A conviction may be overturned using the “harmless error” standard

Question 5

Statements in Violation of Miranda

Answer 5

Rule: Inadmissible in the prosecution’s case-in-chief, but can be admitted in order to impeach the defendant to challenge his credibility[if he testifies].

Question 6

6th Amendment Right to Counsel

Answer 6

[An additional right to counsel along with 5th Amendment. Applies differently, see chart.]

Apply to all felony prosecutions and to any misdemeanor prosecutions in which jail time or suspended jail sentence is imposed.

• Applies to all critical stages of the prosecution
  
  • Examples
    
    • Evidentiary hearings
    • Post-indictment Hearing
    • Post-indictment Interrogations
    • All parts of the trial
  • Non-Critical Stages
    
    • Investigative Line-ups
    • Witness looking at photo arrays
    • Discretionary appeals and post-conviction (habeas) proceedings

Question 7

Identification Pricedures

Answer 7

Two Types: (1) Photo Arrays and (2) Line-ups

Photo Arrays: Neither the defendant nor his lawyer has the right to be present.

Pre-indictment lineup: Defendant has no right to counsel.

Post-indictment lineups: Defendant has a right to have counsel present.

[If violated, then evidence that the witness identified the defendant at the lineup must be excluded.

Admissibility

• If defendant moves to suppress evidence that a witness picked the defendant out of a lineup, the court will consider whether the lineup was impermissibly suggestive.
• In-court identification: Prosecution must establish by clear and convincing evidence that the witness would have identified the defendant even without the suggestive lineup.

Question 8

The Exclusionary Rule

Answer 8

[Tested Often]

Rule: Evidence obtained in violation of the 4th, 5th, or 6th Amendments cannot be introduced at trial to prove a defendant’s guilt.

Fruit of the Poisonous Tree: The exclusionary rule also applies to evidence obtained as a result of the initial violation.

• Exclusionary Rule applies at trial, NOT PRETRIAL hearing [i.e. grand jury]
• To have standing to claim the Exclusionary Rule, the violation must have been to the defendant’s rights, not someone else’s rights.
  
  • EXCEPT: If the driver of a car is arrested on probable cause, the passengers are considered “seized” as well, so they can challenge the constitutionality of the stop.

Question 9

The 5 ½ Exceptions to the Exclusionary Rule

Answer 9

1. Knock and Announce: Officer executing an arrest warrant at a residence are required to known and announce they are police. If the police fail to do so, and that failure is discovered, that evidence does not have to be suppressed. [Because they were authorized to enter]
2. Inevitable Discovery: If the evidence would have been discovered anyway through lawful means, it will be admissible.
3. Independent Source: Relevant evidence discovered on the basis of an independent source will be admissible.
4. Attenuation in the Casual Chain: Intervening events and the passage of time can remove the taint of the unconstitutional conduct
5. Good Faith: [Biggest Exception to Exclusionary Rule]

Applies to officers who rely on either:

• An existing law that was later declared unconstitutional OR
• A warrant that, while facially valid, is later found to be defective

Officer can rely on a warrant unless it was obtained by fraud, in reliance on an unacceptably bare-bones affidavit, or magistrate wholly abandoned his role.

½ Exception

Isolated negligence by law enforcement personnel does not necessarily trigger the exclusionary rule. Rather, police conduct must be sufficiently deliberate.

Question 10

Overview of Amendments and Analyses

Answer 10

1. Fourth Amendment: Was there Search? Was there a Seizure? IF SO → Was there probable cause?
2. Fifth Amendment: Was there a Fifth Amendment violation in interrogation? Was the defendant in custody? Was there an interrogation? Was defendant given Miranda warnings? Did defendant invoke his rights?
3. Sixth Amendment: Did the 6th Amendment right to counsel attach? Was this a critical stage?

IF VIOLATION

• Does exclusionary rule apply?
• If so, are there any exceptions?
• Should the conviction be overturned using the “harmless error” standard?