Miranda rule Flashcards
Voluntariness
First test used by the court to determine whether a confession would be admissible at trial
Miranda rights
When taken in custody for interrogation you must be read your rights
When Miranda warning must be given
When suspect is in police custody
Refusing to waiver
Interview must stop if rights are not waived
Not in custody when
The person voluntarily comes to the police station after being told they are not under arrest.
Traffic stops
Temporarily detains a person but is not custody
During Miranda
Arrest and Miranda must be videoed
The meaning of interrogation
Questioning initiated by law enforcement or the functional equivalent
Functional equivalent
Questions initiated by LEO’s that are reasonably likely to elicit incriminating remarks
Neutral questions
Routine booking questions, non testimonial evidence
Non-testimonial evidence
Fingerprints, blood or hair samples, asking someone to preform a routine sobriety test
Essential points
Reading the Miranda rights
Wording used
Observed by the court to determine if the wording was sufficient enough to explain the rights
Requirements for valid waiver
Once in custody police must warn a person of their rights prior to interrogation
Refusing to sign a waiver but agrees to talk
Oral waiver my be deemed to cancel out their refusal
What crimes may be discussed after waiver
Advised of only crimes there being questioned about
Miranda is a…
Constitutional decision by the supreme court
Initial failure to administer warnings
The subsequent statement is not tainted by failure to administer warnings if officer provides an adequate Miranda warning
Express invocation
Miranda was established to protect self incrimination
Re-initiation of contact after invocation of rights
If the accused invokes their rights to remain silent the interrogation must cease
Right to counsel
If first interview is revoked, don’t attempt a second interview unless accused initiates it
Break in custody
If the court deems it appropriate to specify a period of release from custody, that will terminate its application
Rights belong to suspect
As long as the suspect is in custody was advised of their rights and waived them prior to giving confession
The public safety exception
Miranda is not needed to question for the safety of the officer and others
Use of an informant
Once suspect claims their rights to counsel, cellmates cannot inform of incriminating information
Use of trickery or deception
Misrepresented evidence by police is deplorable practice
6th amendment
Grants criminals the right to counsel, does not attach just from an arrest and can not be invoked for all future prosecution
Appropriate procedures for law enforcement (6th amendment)
Confessions from a suspect after the right to counsel must suppressed unless there is a proper waiver
How to obtain a waiver
However, after rights attach, a waiver must be obtained
