Miranda rights Flashcards
Why are courts worried about voluntariness of Miranda rights?
Confessions must be voluntary to be admissible; state has burden of proof
When do Miranda rights have to be provided to suspect?
During custodial interrogations
What situations do not constitute interrogation?
Neutral or booking questions, gathering physical evidence
What are types of non- testimonial evidence?
Fingerprints, blood, hair, DNA, etc
What are the requirements for a valid waiver of rights?
Must be made knowingly, intelligently, and voluntarily
What crimes can be discussed during waiver of rights
Any offense
What is the express invocation rule, and when can LE reinstate contact with suspect?
Must claim it, reinitiation can take place when the suspect makes contact with LEO after invoking the right,
How can a cell-mate informant be used after suspect invokes their Miranda rights?
Strictly as a “listening post”
When does the sixth amendment right to counsel attach?
During bond hearing for state,
Post-indictment for federal
