Miranda rule

Question 1

Voluntariness

Answer 1

First test used by the court to determine whether a confession would be admissible at trial

Question 2

Miranda rights

Answer 2

When taken in custody for interrogation you must be read your rights

Question 3

When Miranda warning must be given

Answer 3

When suspect is in police custody

Question 4

Refusing to waiver

Answer 4

Interview must stop if rights are not waived

Question 5

Not in custody when

Answer 5

The person voluntarily comes to the police station after being told they are not under arrest.

Question 6

Traffic stops

Answer 6

Temporarily detains a person but is not custody

Question 7

During Miranda

Answer 7

Arrest and Miranda must be videoed

Question 8

The meaning of interrogation

Answer 8

Questioning initiated by law enforcement or the functional equivalent

Question 9

Functional equivalent

Answer 9

Questions initiated by LEO’s that are reasonably likely to elicit incriminating remarks

Question 10

Neutral questions

Answer 10

Routine booking questions, non testimonial evidence

Question 11

Non-testimonial evidence

Answer 11

Fingerprints, blood or hair samples, asking someone to preform a routine sobriety test

Question 12

Essential points

Answer 12

Reading the Miranda rights

Question 13

Wording used

Answer 13

Observed by the court to determine if the wording was sufficient enough to explain the rights

Question 14

Requirements for valid waiver

Answer 14

Once in custody police must warn a person of their rights prior to interrogation

Question 15

Refusing to sign a waiver but agrees to talk

Answer 15

Oral waiver my be deemed to cancel out their refusal

Question 16

What crimes may be discussed after waiver

Answer 16

Advised of only crimes there being questioned about

Question 17

Miranda is a…

Answer 17

Constitutional decision by the supreme court

Question 18

Initial failure to administer warnings

Answer 18

The subsequent statement is not tainted by failure to administer warnings if officer provides an adequate Miranda warning

Question 19

Express invocation

Answer 19

Miranda was established to protect self incrimination

Question 20

Re-initiation of contact after invocation of rights

Answer 20

If the accused invokes their rights to remain silent the interrogation must cease

Question 21

Right to counsel

Answer 21

If first interview is revoked, don’t attempt a second interview unless accused initiates it

Question 22

Break in custody

Answer 22

If the court deems it appropriate to specify a period of release from custody, that will terminate its application

Question 23

Rights belong to suspect

Answer 23

As long as the suspect is in custody was advised of their rights and waived them prior to giving confession

Question 24

The public safety exception

Answer 24

Miranda is not needed to question for the safety of the officer and others

Question 25

Use of an informant

Answer 25

Once suspect claims their rights to counsel, cellmates cannot inform of incriminating information

Question 26

Use of trickery or deception

Answer 26

Misrepresented evidence by police is deplorable practice

Question 27

6th amendment

Answer 27

Grants criminals the right to counsel, does not attach just from an arrest and can not be invoked for all future prosecution

Question 28

Appropriate procedures for law enforcement (6th amendment)

Answer 28

Confessions from a suspect after the right to counsel must suppressed unless there is a proper waiver

Question 29

How to obtain a waiver

Answer 29

However, after rights attach, a waiver must be obtained