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
