Miranda - 5th AMD

Question 1

What is the trigger for required Miranda warnings?

Answer 1

Custodial interrogation is the trigger for Miranda warnings, which need not be verbatim so long as the substance of the warnings is conveyed.

Question 2

Custodial interrogation: custody

Answer 2

Legal standard for custody: If at the time of the interrogation, a RPP would not feel free to leave (an objective standard).
Court will determine whether the situation presents the same inherently coercive pressures as a station house questioning. (can include your own home or hospital bed)
Probation interviews and routine traffic stops are not custodial.

Question 3

Custodial interrogation: interrogation

Answer 3

Interrogation: Any conduct where the police knew or should have known that they might elicit an incriminating response from the suspect.
Miranda warnings are not required prior to the admissibility of a spontaneous statement.

Question 4

What is required for Miranda waiver?

Answer 4

Miranda waiver must be knowing and voluntary, and courts will use a totality of circumstances test in making this determination.

Question 5

What is required to invoke the Miranda right to remain silent?

Answer 5

Invoking the right to remain silent must be unambiguous.
Police may reinitiate questioning after D has invoked the right to silence if they wait a significant amount of time, is re-Mirandized, and the questions are limited to a crime that was not the subject of the earlier questioning.

Question 6

What is required to invoke the Miranda right to counsel?

Answer 6

The right to counsel can only be invoked by an unambiguous request.
If the accused invokes his right to counsel, all questions must cease until 1) the accused is given an attorney or 2) the accused initiates further questioning.
If there is a break in custody, police can come back and ask D to waive his Miranda rights after 14 days.
Line ups and show ups give rise to right to counsel but NOT showing photographs.