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
Is a request for consent to search considered an incriminating question?
No
Is asking a person to identify themselves considered an incriminating question?
no
Are threshold questions considered interrogations?
No, they are asked so law enforcement knows how to react to a situation such as hazards or medical attention needed
Does Miranda apply if a suspect talks without a question being asked?
No
Are statements uttered during tests such as FST’s in response to questions designed to understand if a subject understands the tests subject to Miranda?
No
Are formal booking or administrative questions subjected to Miranda?
No
Are third party questions, including security, subject to Miranda?
No, as long as they are not acting on behalf of the police
Does Miranda apply to social workers interrogating a defendant to develop a plan to reunite family?
No
In Nevada, does Miranda apply when the suspect does not know they are talking to a police agent?
Yes
Does federal law say that Miranda applies if a subject does not know they are speaking to law enforcement officer or agent?
No it does not apply
Does Miranda apply if a suspect is not in custody?
No
According to Miranda, what is custody defined as?
Where there has been such a restriction on a person’s freedom as to render him in custody, or if they feel they are free to leave
If a person is placed in a medical restraint by a medical attendant, are they considered in custody?
No, if the restraint was necessary for medical treatment and in a public setting
Is Miranda always needed if interrogating a subject in prison?
No, it is only needed if the “custody” experienced by the inmate during the interrogation is more restrictive and coercive than the custody generally experienced by the inmate
If an officer reads a suspect the Miranda warning before a subject is considered in custody, does that warning create custody?
No
If a suspect that is considered out of custody asks for an attorney, does this mean Miranda protections apply?
No, Miranda only applies to a subject in custody. Police are free to question a subject that is out of custody.
If an officer uses psychological intimidation such as stating a subject will be deported are Miranda rights needed?
Yes, a reasonable person would not feel like they would be allowed to leave
A prosecutor must prove that a subject’s waiver of Miranda Rights must be _____, ______, and ____ made?
Voluntarily,Knowingly,Intelligently
What is a knowing and intelligent waiver defined as?
full awareness by the suspect of the nature of the right being abandoned and the consequences of the decision to abandon it.
Do Miranda Rights have to be waived expressly?
No, the suspect only has to indicate they understand the rights that were read and there is no evidence of coercion
What two rights can be invoked by a suspect under the 5th amendment?
Right to Silence
Right to counsel before and during questioning
If a suspect is silent after Miranda and after repeated questions, what will it be treated as?
Invocation of right to silence
Once a defendant asks for a lawyer can they waive their rights at a later time?
No, all questions must stop
If a suspect refuses to sign a waiver, but agrees to talk can law enforcement ask questions?
yes
Who may invoke a Miranda right?
Only the person being interrogated
If there is a break in custody, can Miranda rights be read again and waived?
Yes, the defendant has a reasonable opportunity to seek counsel and is no longer in a coercive atmosphere
If a suspect invoked right to remain silent, can they be asked again?
Yes, after a reasonable amount of time or if the suspect initiates further communication with the police
If a suspect invokes right to counsel, can they be questioned if asked again?
No, They can only waive rights if the suspect initiates communication or if there is a break in custody.
Are juveniles extended the same due process rights as adults?
Yes
Are parents required to be present during interrogation?
No, they only have to be advised they can have a parent present
If a juvenile is certified as an adult, does juvenile or adult Miranda apply?
Adult Miranda
Does Miranda apply if a suspect is not in custody?
No
