Miranda Custodial Interrogations and Law of Confessions Flashcards
What do courts look for in determining if Miranda applies to a interview? (10 factors)
- Site of interview
- Time of interview
- Length of interview
- Conditions of interview
- Physical restraints
- Who was present
- Arrival (transported or self transported)
- Person was a targeted suspect
- Told free to leave and questioning is voluntary
- Officer demeanor
Does the state of Nevada feel Miranda applies to police informant discussions with suspects with police asking for informant to gain information?
Yes, Boehm v state says they are acting as agents so Miranda applies.
Does Miranda apply when an informant contacts police without solicitation and provides proof of crime?
No, Honeycutt v state said was not because the statements were, in and of themselves, elements of a crime.
Are the statements made to a third party speaking to a suspect in a police a violation of Miranda?
No, Arizona v Mauro statements recorded were admissible as they were not an interrogation, nor private due to security concerns.
On dynamic calls asking questions of a suspect listed below violate Miranda? Example: what happened? And why did you shoot these men?
Johnson v state the NV Supreme Court, suggested but did not decide, whether this was a custodial interrogation.
The ______ Amendment “right to counsel” begins upon custodial interrogation and applies to questions about any crime or criminal activity.
Fifth
The Sixth Amendment “____________” begins (attaches) after the initiation of adversarial judicial proceedings and only applies to the specific crimes involved in the adversarial proceedings.
right to an attorney
the United States Supreme Court held that officers do not need to specifically advise a defendant of his Sixth Amendment “right to counsel” if defendant has received Miranda Warnings.
Patterson v. Illinois, 487 U.S. 285, 108 S.Ct. 2389 (1988)
It is now an accepted rule of constitutional law that, absent valid consent or exigent circumstances, an arrest or search warrant is required to affect an arrest from within a person’s residence. What court case?
Payton v. New York, 445 U.S. 573, 100 S.Ct. 1271 (1980)
Per The 11th Circuit Court of Appeals if an arrestee invokes his right to counsel, if he is released from custody can he be again questioned..
Yes, Dunkins v. Thigpen, 854 F.2d 394 (11th Cir. 1988) Note: The Eleventh Circuit specified that the break in custody must not be contrived or pretextual. Dunkin, 854 F.2d at 397-398.
When a call is canceled or held by direction of the area sergeant, the area sergeant will?
Contact the PR and advise of the reason for cancellation or time delay and update the event accordingly via telephone call or radio broadcast.
Calls will be dispatched to on-shift units up to the conclusion of their shift. This applies to all shifts. The area supervisor will be notified immediately of emergency calls that are pending. if no patrol units are available, Communications will dispatch the area supervisor to the emergency.
Emergency calls
The Communications Bureau will dispatch shift units to routine calls (including report calls) up to 45 minutes before the conclusion of their shift. Report calls will not be held for a cadet or patrol services representative unit when area units are clear and not responding to higher priority calls.
Non emergency call
What did Brown V State of Mississippi find?
confession was admissible if it was freely and voluntarily made using using the 14th Amendment due process voluntariness test
According to the Miranda ruling, what does custodial interrogation mean?
Questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way
What safeguards were taken to secure privilege against self-incrimination?
Inform accused person of their right of silence and to assure a continuous opportunity to exercise it
What do the Miranda Rights contain?
The right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed.
Can a subject waive their Miranda rights?
yes, provided the waiver is made voluntarily, knowingly, and intelligently
Does a defendant have to be advised of all possible charges against them?
No, only the general nature of pending charges
What does the Miranda ruling consider interrogation?
questioning results in the suspect making incriminating statements and the statements must in fact be incriminating
What is the “functional equivalent” of questioning according to Miranda ruling?
words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect
