Miranda Waivers and Exceptions Flashcards
Butler (Waiver can be implied by your actions!)
A waiver of Miranda rights can be implied by silence, coupled with an understanding of rights and course of conduct indicating waiver. In general, waiver can be inferred from the actions and words of the person interrogated.
Berghuis (Speak up to Remain Silent)
A suspect who has received and understood the Miranda warnings, and has not invoked his Miranda rights, waives the right to remain silent by making an uncoerced statement to police
Mosely (Invoking right to remain silent - what does it get you?)
When a suspect invokes his right to remain silent, what this gets him is the immediate cessation of questioning. But it does not preclude the resumption of questioning after a “significant period of time” and the provision of a fresh set of warnings, especially when it is on a different matter.
Edwards (Right to Attorney - invocation and separate follow-up case)
When suspect invokes right to attorney under Miranda, the subject is not subject to further interrogation by the authorities until counsel has been made available to him, unless the suspect initiates the communication.
Minnick (Right to an Attorney - Has to physically be there)
Protection from Edwards (right to counsel) extends beyond when a suspect has consulted with counsel. Counsel must be present at any police-initiated interrogation of the suspect.
Shatzer (Attorney stuff is not Eternal)
Police can reinterrogate a suspect who invoked his right to an attorney after a “break in custody” of “sufficient duration” - or about two weeks
Davis (right to counsel)
Must express right to counsel unabiguously
Harris (impeachment biatch!)
Statements gathered in violation of Miranda can be used @ trial to impeach the accused
Quarles (Public Safety Exception)!
Public safety exception to Miranda that requires an exigency needing immediate action by the officers beyond what is normally needed to quickly solve a crime.
