Miranda Rule Flashcards
Miranda Rule
Statements obtained as a result of custodial interrogation are inadmissible in the prosecution’s case-in-chief in the absence of Miranda warnings and a valid waiver
When is the Miranda Rule triggered
The need for a Miranda warning is triggered by custody + interrogation
When is a suspect in custody for the purposes of Miranda rule?
Formal arrest or a situation where a reasonable person in the suspect’s position would believe their freedom has been deprived
When is a suspect being interrogated for purposes of the Miranda rule?
Direct questioning or other words or actions that a reasonable officer would anticipate would be likely to result in eliciting an incriminating response
Do spontaneous or volunteered statements implicate Miranda rule?
No, because these statements are not a product of questioning
What is required for a valid waiver of Miranda rights
Waiver must be knowing and voluntary and show that the suspect understood their rights
-waiver may be oral or written
May waiver ever be presumed from silence
No
How does a suspect invoke Miranda rights
Suspect invokes Miranda rights by making an unequivocal request for an attorney, or stating that they wish to remain silent
When can Miranda Rights be inovked?
Miranda rights can be invoked at any point during the interrogation
What is consequence of invocation of Miranda rights
All interrogation must immediately stop
When can police re-initiate questioning after suspect invokes their right to remain silent
Police must allow for a significant time to elapse and then may attempt to obtain a new Miranda waiver
When can police re-initiate questioning after suspect invokes right to counsel
Police may not resume questioning until:
1. counsel is present
2. D re-initiates contact with police and executes a new waiver
3. at least 2 weeks have passed since the D was returned to their normal environment and police obtain a new waiver
