Miranda Flashcards
According to the manual, the term “present“ as used in the Miranda V Arizona opinion means the right to have an attorney ________ and _________ questioning.
A. Before and after
B. During and after
C. Before and during
D. Before after and during
C. Before and during
True or false. According to the manual, as a general rule, there is a requirement to advise a defendant of all possible charges which could be brought against him, prior to an interrogation.
False - no requirement
According to the manual, under Miranda, the term “____________” means more than arrest.
A. Presence
B. Custody
C. Rights
D. Interrogation
Custody
True or false. According to the manual, all custodial interrogations require Miranda warnings regardless of the crime classifications or seriousness of the offense.
True
An officer conducted a vehicle stop. The driver of the vehicle has a warrant. The officer place is the driver under arrest and takes him into custody for the warrant. The officer than questions to drive her about ownership of the vehicle to avoid towing it. According to the manual, are the officers questions an example of interrogation?
No - threshold questions
According to the manual ____________ questions are designed to ascertain the nature of an emergency or whether a current danger exist to the public or the officers, and they are not considered interrogations for purposes of Miranda.
A. Threshold
B. Public safety exception
C. Public safety statement
D. Unsolicited
B. Public safety exception
True or false. According to the Miranda manual, under the Nevada constitution, Miranda applies even where the suspect is unaware he is talking to a police agent, such as an undercover police officer or police informant.
True
According to the manual which detention does not require Miranda unless the detention evolves into an arrest.
A. Traffic stops
B. Search warrant detention
C. Terry stops (reasonable suspicion)
D. All of the above
D. All the above.
According to the manual, ___________ is the affirmation communication by the suspect to the government agent that the suspect is exercising their rights granted to him under the constitution.
A. Testimonial act
B. Waiver
C. Invocation
D. Appeal
C. Invocation - invoke the rights to remain silent or have an attorney present
Choose all that apply. Under the fifth amendment, the suspect can invoke _________ __________ ___________
A. Right to silence
B. Right to due process
C. Right to an attorney
D. All of the above
A. And c.
According to the manual, who has the right to invoke a Miranda right?
A. Attorney
B. Parent or guardian
C. Subject being questioned
D. Anyone
C. The person being questioned has to invoke rights.
True or false. According to the manual, a juvenile is not entitled to have his parents present during custodial interrogation.
False. He is not entitled to have parents Present
According to the manual, courts use ______________ in order to test and evaluate voluntariness.
A. Preponderance of evidence
B. Beyond a reasonable doubt
C. Totality of the circumstances
D. Functional equivalent
C. Totality of circumstances
