Miranda Rights

Question 1

Miranda Generally

Answer 1

When taken into custody, Miranda rights must be given. If defendant asks for Attorney, ALL questions must STOP

Question 2

Custody

Answer 2

You are in custody when you are not free to leave
- reasonable person standard: if a reasonable person would not feel free to leave

Question 3

Interrogation

Answer 3

Interrogation: Cops know or should know actions are reasonably likely to elicit incrimination response
- only awarded miranda rights if there was a custodial interrogation

Question 4

Waiving Miranda rights

Answer 4

Must be voluntary = totality of circumstances - no duress, coercive behavior, look at age, education, experience
- ex: suspect starts talking on their own = waiver
- have to understand consequence of waiving
- never infer waiver