Section 6.2 Flashcards
Longhand
Dictated
Recorded
Ways to obtain statements
If the witnesses saw a car crash write down what you saw and have them write down what they saw and sign it and date it. True or False
True or False
Example, I am the police officer and you tell me what happened and I write it down word for word and at the end you read over it and sign it and date it if it is accurate. This is what?
Dictated statement
Can you just record a statement and have a professional transcribe it later?
Yes
Longhand, dictated, and recorded are all witness statements are are great evidence in court. The closer to the time of the crime the better the evidence is. True or False
True
If you do a custodial interrogation of a suspect in custody does Miranda apply ?
YES
Miranda rights need to be read before what type of interrogation?
Custodial interrogation
If you do not read Miranda rights before a custodial interrogation you cannot introduce that evidence in court. True or False
True
If the interrogation is not custodial do you need to read Miranda rights?
NO
“Questioning initiated by law enforcement officers after a person has been taken into custody otherwise deprived of freedom.” (It is a custodial interrogation if this. There is still gray area.)
Oregon V Mathiason (1977)
Fruit of the poisonous tree does not apply.
US V Patone (2004)
In regular fourth amendment violations not only are the evidence they find excluded but any evidence they find because of the evidence they find is also excluded in violation of your fourth amendment rights is also excluded. This is what?
Fruit of the poisonous tree
The fruit of the poisonous tree part does or does not apply to violations of your Miranda.
Does not
Example, if you are in custodial interrogation and I do not give you your Miranda rights and I ask you questions and you answer them. I cannot introduce your statements in court because it violated your Miranda rights but if I use your statements that I cannot use in court to find some other evidence I can still use that evidence you in court. Based on what court case.
US V Patone (2004)
Does not need to be exact wording for Miranda rights based on what case?
Florida V Powell (2010)
The exact wording does not have to match some exact script. If those ideas are fundamentally equivalent, you are still okay. Example, you can say you have a right to a lawyer, you have a right to counsel, you have a right to an attorney. This is related to what court case?
Florida V Powell (2010)
Does Miranda apply for voluntary or unsolicited statements?
No Miranda does not apply
Miranda only applies to responses to questions. True or False
True
Example, the officer is just there chilling and the guy who has not been Mirandized and it not in custodial interrogation is like, okay you caught me I did it. Is this a violation of Miranda rights?
No. It was a voluntary or unsolicited statement
Does Miranda apply to identification procedures and routine booking questions?
No Miranda does not apply
Miranda only protects you from questions about a crime. Questions that do not have anything to do with the crime are not covered by Miranda. True or false
True
Example, how tall are you? how much do you weigh? do you have any tattoos? These are all routine booking questions that do not have to do with any crime. Do the police have to read you your Miranda rights?
No they do not because it is either identification procedures or routine booking questions
Does Miranda apply for voice and handwriting exemplars?
no miranda does not apply
Example, if one of out pieces of evidence is a phone call recording of the bad guy and we want to catch and arrest the suspect we can force them to record their voice saying a certain phrase and compare it to the recording we already have. Is this protected by Miranda?
No
Are you physically there for a lineup?
Yes
5-6 people stand in a room that loom like the suspect and you try to determine if you know who the suspect really is. Is this a violation of your Miranda rights?
no
Does Miranda need to be read before you participate in a lineup?
No
Are you protected by Miranda when doing a sobriety test?
no
What is a brief stop where someone is stopped on reasonable suspicion?
Terry Stop
Can you do investigator questions during a Terry stop without reading Miranda rights?
Yes
Example, where were you an hour ago? do you have any proof? You do not need to give Miranda rights before asking these questions during a Terry stop. True or False
True
Do you need to be Mirandized before roadside questions after a traffic stop?
No
If you are on probation or parole do you need to be read your Miranda rights?
NO
Do you need to be read your Miranda rights before being questioned by a private citizen?
no
___________ can be waived through written or oral statements.
Miranda rights
Example, if someone says I know I have a right to a lawyer but I do not need one. I did not do anything wrong and I want to help you clear this up. can you waive your Miranda rights?
yes
Is science a waiver or a claim of your Miranda rights?
No
If you remain silent that is neither an invocation nor a waiver of your Miranda rights. True or False
True
Once invoked police cannot question until a lawyer is present. Once you say anything about I am choking to remain silent or I want a lawyer police cannot not ask you any more questions until a lawyer is present. This is based on what case?
Maryland V Shatzer (2010)
Example, if it is a relatively minor thing and we are not going to be able to get a lawyer for hours we might just cut them loose. You rearrest them two weeks later on a similar charge and she chooses to answer the questions did you violate her Miranda rights?
no
Ambiguous statement/ questions about lawyer does not count as invoking right. This is based on what court case?
Davis V US (1994)
Maybe I should remain silent? or Could I get a lawyer? are considered what?
ambiguous statements
If you make an ambiguous statement the police can continue to question you and if you decide to answer it is perfectly fine. True or false
True
