Privilege against Self-Incrimination

Question 1

Against what types of statements does the PASI protect?

Answer 1

testimonial statements

Question 2

Against what type of evidence does the PASI NOT protect?

Answer 2

Against the admission of tangible evidence (instead, do 4th Amend analysis)

Question 3

When can police continue questioning after the invocation of this right?

Answer 3

a. if D initiates further communication
b. OR there has been a 2-week lapse in time
c. OR a different govt agent questions and reads rights again

Question 4

PASI voluntariness test

Answer 4

totality of the circumstances:

1. time elapsed between arrest and arraignment
2. whether the D knew the nature of the offense for which charged
3. whether or not D had assistance of counsel when he made the statement
4. whether or not D had been advised of his right to counsel
5. whether D knew he did not have to make statement
6. length of questioning