Pg 25

Question 1

What is the objective approach to a Miranda warning?

Answer 1

The court considers how a reasonable man in the defendant’s position would’ve understood the situation and whether he would’ve believed he was in custody. This involves a careful examination of the circumstances including:
– when or where it happened
– duration
– number of police present
– what the police said and did
– what the defendant said and did
– physical restraints like drawn weapons or guard dogs
– how the defendant got to the place of questioning [whether he came on his own, was asked by the police, was escorted by the police]
– what happened after interrogation [was defendant allowed to leave?]

Question 2

If there is the uncorroborated testimony of a police officer who says that Miranda was given and the defendant says that it wasn’t, who wins?

Answer 2

The police

Question 3

Can Miranda be given orally or in writing?

Answer 3

Yes. But if it is written, the defendant must read it and acknowledge that he understood it

Question 4

What is the rule for when a cop reads from a Miranda card?

Answer 4

Cannot be hurried or mechanical

Question 5

If a cop both gives a Miranda warning orally and in writing, and one of them is defective, is the other one enough?

Answer 5

Yes

Question 6

In order for Miranda to be necessary if there was a questioning by a private citizen, what must be present?

Answer 6

State action. The interrogation must be initiated by law-enforcement

Question 7

Does Miranda apply to interrogation by private citizens that are acting on their own such as questioning by the victim, arrest by a private citizen, friend, relative, reporter, etc.?

Answer 7

No

Question 8

If a private citizen holds himself out as a police officer and interrogates someone, is that considered to be state action?

Answer 8

No

Question 9

What is the public function doctrine?

Answer 9

People that are not government employees but have some kind of responsibility such as security guards, store detectives, insurance investigators, and private investigators do not need to give Miranda warnings unless they are given police powers by a government unit

Question 10

If there is a jail plant, at what point does the conversation become an interrogation?

Answer 10

Only if the defendant realizes he is dealing with a government agent, so the impact on his mind is important

Question 11

Do public employees that do not have the power to enforce law need to use Miranda? This includes people like school officials, welfare investigators, medical personnel, judges, prison counselors, and parole officers?

Answer 11

No

Question 12

Do IRS people need to give Miranda warnings?

Answer 12

Yes, because tax investigations can always turn into criminal prosecutions and if the prosecution of the defendant is the purpose that the information is being elicited for, Miranda applies

Question 13

If a confession is gotten by foreign police, is it necessary that the confession be suppressed because there was no Miranda?

Answer 13

No, US officers are bound by Miranda even when they are interrogating on foreign soil, and it applies to foreign police if they are acting as agents of the US, but not in any other situation

Question 14

If a defendant was indicted, got a lawyer, was released on bail, and then the cops had a codefendant wear a wire and engage the defendant in conversation about the crime, was this considered to be government action interrogation that required Miranda?

Answer 14

Yes

Question 15

If a defendant was suspected of killing his brother-in-law and then released, and a codefendant told the police that the defendant killed the guy and the defendant was re-arrested and asked to speak to an attorney, but was kept away from an attorney that was trying to find him, was that a violation of his sixth amendment rights?

Answer 15

Yes, the police interfered with his right to counsel when the machinery of the government was in full swing. Defendant had essentially been charged with murder, so he was entitled to an attorney. This was a violation of his sixth amendment

Question 16

What does custody mean under Miranda?

Answer 16

Formal arrest or its functional equivalent. This involves the individual being detained (either physical control or show of authority followed by submission) that would lead a reasonable person in the suspect’s position to believe he was under arrest and not free to leave. Custody deprives the person of his freedom of action in any significant way

Question 17

Can a person be considered to be in custody even though he’s not being held at the station?

Answer 17

Yes

Question 18

If a person is questioned in his bedroom by four police officers at 4 AM, is that considered to be custody?

Answer 18

Yes

Question 19

Is it possible for a person to answer questions at the police station and not be in police custody?

Answer 19

Yes, as long as his freedom to depart is not restricted, especially if he is told he’s not under arrest

Question 20

What is the test to determine if somebody is in custody?

Answer 20

This is an objective test that asks how a reasonable person in the suspect’s position would’ve perceived his circumstances under the totality of the circumstances.

Question 21

Is the subjective intent of the police relevant when it comes to considering whether someone is in custody?

Answer 21

Not unless it was conveyed to the suspect, because the objective test is what is used to determine custody

Question 22

What are situations when someone is likely to be considered to be in custody?

Answer 22

– presence of multiple police and no other non-police personnel
– cops restrict the actions of the suspect and stop him from using his phone or the bathroom or handcuff him
– suspect is put in the back of a police car
– suspect is accompanied to the station
– he is deprived of his freedom
– handcuffs, drawn gun, holding by the arm, cops remove the defendant from his friends and family
– many cops that are antagonistic are present
– questioning is lengthy instead of brief and routine

Essentially it is a question of whether the defendant was free to leave and if booking procedures were used

Question 23

What are situations that a suspect is unlikely to be in custody?

Answer 23

• questioning happening in familiar surroundings
  – suspect is not told he is under arrest
  – suspect initiated contact with the police and went to the station on his own or in response to an invitation from the police
  – pulled over for traffic violations and told to sit on the curb while the police look at registration
  – Terry stop
  – at the home of a friend or relative/at work/public accommodation/educational institution/hospital

Basically this comes down to whether there was a formal arrest or restraint on his freedom of movement

Question 24

What is an easy way to determine if someone is in custody?

Answer 24

They don’t expect to be released anytime soon because they are going to jail

Question 25

If a person tries to break into a warehouse and gets caught hanging from the roof by a rope and then police ask him questions there, is that person in custody?

Answer 25

Yes, because that is the functional equivalent of arrest since the person doesn’t believe he’s going to be let free

Question 26

If a suspect is questioned about his sobriety in a traffic stop because he was weaving on the road, is the driver in custody?

Answer 26

No, because traffic stops are presumptively brief and temporary.

Question 27

If interrogation happens in a familiar or neutral surrounding like your home, is it more or less likely that the person is in custody?

Answer 27

Less likely because there is less pressure there than at the station, but all circumstances must be considered like if the person’s friends and family are present it is likely not custodial

Question 28

If a suspect is in custody but he voluntarily gives statements before he’s interrogated, will those statements be suppressed later?

Answer 28

No because they are not the result of interrogation

Question 29

When you question inmates in jail or prison, are they considered to be in custody?

Answer 29

They are in custody because of confinement for another crime, but Miranda doesn’t apply just because they are confined in prison. Being released back into the general population between interviews is a break in custody.

Question 30

Does lawful imprisonment create coercive pressures of Miranda?

Answer 30

No

Question 31

If a person is already imprisoned and is questioned in private about events in the outside world, does that create custody?

Answer 31

Not if he is told that he can return to his cell whenever, he’s not restrained, he’s interviewed in a well lit average size room, and he has offered food and water. Then there would be no problem. Must consider the totality of the circumstances