RI LEO Official Manual: Miranda Flashcards
When are Miranda warnings required to be given?
When someone is in custody AND interrogation.
What is the definition of custody if a person seized or under arrest for the purpose of 4th amendment?
where a reasonable person would believe they were not “free to leave”.
What is an Interrogation?
Direct questioning, or also any words or actions by police know would reasonably likely elicit an incriminating response from the suspect.
If a defendant waives their Miranda rights, what is the requirement?
It must be knowing, willing and intelligently made. It must be voluntary and free of coercion and they must understand the consequences of the decision to abandon their rights.
In the context of invoking Miranda, right to counsel or right to remain silent and the suspect invokes it ambiguously or equivocal, is the right invoked? and what can police do?
It is not invoked if its ambiguous (Do I need a lawyer?/ I think I need a lawyer) and the police do not have to ask the person to clarify if they want to invoke their rights. They must clearly state they want a lawyer or I want to remain silent.( Not saying anything/ not talking, the police and still can ask questions until the suspects says they want to remain silent).
When is Miranda not required?
Arriving at a scene and asking general introductory questions, interviews for purpose of gathering evidence, brief detentions (stops) on the street for investigative purposes, or to ask a direct question of the presence of dangerous weapons to a suspect who poses an actual threat to the officer/or safety to the public. (Imminent Public Danger exception)
If while questioning a suspect and they have not invoked Miranda, and his family retains a lawyer who shows up to speak to the individual, police are?
Under no obligation to stop questioning the suspect. Only if the suspect them self request to speak to a lawyer.
