Miranda (opening & custody)

Question 1

4 warnings

Answer 1

1. Right to remain silent
2. Anything you say can and will be used against you in a court of law
3. Right to have an attorney present
4. If cant afford one, one will be provided

Question 2

Suspect must be

Answer 2

Adequately & Effectively Apprised of his Rights

Question 3

Police must

Answer 3

i. inform suspects CLEAR & UNEQUIVICALLY
ii. Scrupulously honor these rights
iii. Opportunity to exercise rights must be afforded throughout the entire interrogation

Question 4

Facets for Miranda to apply?

Answer 4

i. CUSTODY
ii. INTERROGATION
iii. *GOVT ACTOR

Question 5

custody?

Answer 5

i. At station (or)

ii. Otherwise deprived of freedom in any SIGNIFICANT way

Question 6

Berkemer v. McCarty

Answer 6

a traffic stop does not require Miranda (doesn’t apply to temporary detentions); however if IN CUSTODY for a misdemeanor traffic offense⇒ yes, need miranda.

Question 7

why doesn’t a traffic stop need miranda?

Answer 7

Not inherently coercive environment

Question 8

Official restraint = custody? custodial environment?

Answer 8

NO.

Berkemer –>can have √official restraint but still not a custodial environment.

Question 9

Oregon v. Mathiason

Answer 9

police station ≠ automatically equate to custody;
Miranda warnings must be given when there has been such a restriction on a person’s freedom as to render him “in custody.”

Question 10

JDB v. NC

Answer 10

age is a relevant factor for considering whether the child is in custody.

Question 11

Orozco v. TX

Answer 11

a person may be considered in custody in his own home.

a. Test: whether the relative environment presents the same inherently coercive pressures as station house questioning?