Miranda Rights Flashcards
What are Miranda Rights?
Holds that statements obtained while in custody as the result of direct questioning (custodial interrogation) are inadmissible unless:
1. The police advise the suspect of their rights; and
2. The suspect freely waives those rights.
Remember: Custody + Questioning REQUIRES warning + waiver
When is a suspect considered in “custody” for Miranda purposes?
Berkemer v. McCarty (1984)
DUI traffic stop case
When, under the totality of circumstances, a suspect’s freedom of action is curtailed to a degree associated with formal arrest
What factors help determine if a suspect is in custody for Miranda purposes?
Based on the totality of circumstances, courts look at:
1. the location of the interrogation;
2. the length of the interrogation;
3. the circumstances of the interrogation (e.g. is the suspect in a locked room? Can they come and go?)
4. Whether the suspect had a reasonable belief that he was in custody;
5. the age of the suspect (a younger suspect is more likely to be considered in Miranda custody)
Note: incarceration is NOT categorically considered being in Miranda cus
What constitutes an interrogation under Miranda?
Rhode Island v. Innis (1980)
- Direct questioning; or
- ** Words or actions** that a reasonable officer knows or should know will elicit an incriminating response
What are the elements of a Miranda warning?
Police must inform D that he has:
1. a right to remain silent;
2. that anything said can and will be used against him in court;
3. a right to the presence/advice of an attorney; and
4. that if he can’t afford an attorney, one will be appointed to him
When must Miranda warnings be given?
Before an interrogation begins
What must a suspect do to exercise their rights after Miranda warnings have been given?
The suspect must make a clear and unambiguous request for an attorney and an affirmative invocation of the right to remain silent.
Does silence constitute involing the right to remain silent?
No, D must make an unambiguous statement that he is asserting his right to remain silent
If a suspect makes an unequivocal request for an attorney and to remain silent, can the officers proceed with their interrogation?
No! All interrogation must stop until:
1. an attorney is present during the interrogation;
2. D re-initiates the contact with the police; or
3. two weeks has elapsed and the suspect is given a new Miranda warning
What is the public safety exception to Miranda warnings?
An officer can question a suspect without violating Miranda for public safety concerns (e.g. to determine the location of a weapon, find accomplices, etc.)
Are Miranda warnings required if the suspect is speaking to an undercover officer or confidential informant?
No, deliberate elicitation (deliberately and intentionally obtain incriminating information) is allowed without Miranda warnings in the context of confidential informants
Are statements taken in violation of Miranda rights admissible?
Yes, the statements can be used to impeach D if D takes the stand. Involuntary statements, however, are inadmissible.
Note: statements can’t be used as direct evidence.
Is physical evidence obtained in violation of Miranda admissible?
Yes, as long as the statement was not coerced.
