Statements And Confessions

Question 1

Inadmissible statement

Answer 1

Statement inadmissible for any purpose if violates fifth A and Miranda.

• But improper admittance does not mean automatic reversal.
• But can be used to impeach the Ds testimony at trial.

Question 1

Custodial

Answer 1

D experiences significant deprivation of freedom of movement.

Question 2

Miranda

Answer 2

D must be warned before custodial interrogation.

If requests atty, interrogation stops unless D voluntarily restarts the conversation.

Question 4

Interrogation

Answer 4

Police know that their questions are reasonably likely to illicit an incriminating response.

Question 5

Line ups

Answer 5

No right to counsel at lineup before formal charges are filed.
* But yes have right after.
Not admissible if too suggestive.
In court ID also excluded if out of court ID was too suggestive.