Interrogations and the 5th Amendment Flashcards
What are Miranda Rights?
Prosecution may not use statements stemming from custodial interrogation of the defendant unless it demonstrates sufficient procedural safeguards to protect privilege against self incrimination
Only applies to verbal questions and answers
What are the two questions in the Miranda Analysis?
- Was the Suspect in Custody?
- Was the Suspect interrogated?
Do Undercover Police or Informants have to administer Miranda warnings?
NO
Because Defendant spoke freely of what he did
What is the Public Safety Exception under Miranda?
If police interrogation is reasonably prompted by concern for public safety, responses to the questions may be used in court even though the suspect and Miranda warnings are not given
Warnings must be given after weapon and suspect have been apprehended
What are Mid-Stream Warnings under Miranda?
When suspect speaks some statements before the warning and some statements coming after the warning
A Miranda violation during an initial unwarned statement does not automatically invalidate a later statement made after proper warnings, provided that the later statement is made voluntarily and without coercion
When are Miranda Mid-Stream Warnings not permitted?
Where police intentionally employ a 2 confession strategy, where only the 2nd confession is Mirandized and the 1st confession was not with a complete confession, and where the confessions are close in time and space, the Mirandized confession is inadmissible
What is Custody?
A Substantial Seizure and is defined for Miranda purposes as either a formal arrest or a restraint on freedom of the movement to the degree associated with a formal arrest
Some Relevant Factors for Determining Miranda’s Custody requirement:
- Location of Questioning
- Duration of questioning
- Statements Made
- Presence or Absence of Physical Restraints
- Release of interviewee at the end of questioning
When is Interrogation met?
Interrogation” requirement is met when police engage in
“words or actions … [that they] should know are reasonably likely to elicit an incriminating response from the suspect.”
Traffic Stops and Miranda:
Miranda Warnings are not required during a traffic stop because it is only a temporary detention:
A reasonable person would have not felt that his right against self incrimination was sufficiently impaired
Does Spontaneously confessing apply to Miranda?
Spontaneous statements not made in response to interrogation does not apply to Miranda
Officers must give the warnings before any follow up questioning
Does Routine Booking Questions apply to Miranda?
NO
Even when the booking process is being taped and may be used as evidence
What is the 6th Amendment?
Right to Counsel:
SC holds that the 6th Amendment guarantees an accused the right to counsel once adversarial proceedings have begun, that is, after his indictment, if not, Defendant’s right to counsel was violated because police deliberately elicited statements from him when the right to counsel had already attached: it didn’t matter that defendant was unaware he was being questioning, and wasn’t in “custody”
What happens if a Defendant is being questioned by undercover/ a co-informant after invoking right to counsel?
While Defendant’s out on
bail, federal agents place a wire in his co-conspirator’s car, and listen to conversations in which Massiah incriminates himself is considered unconstitutional
