Statements & Confessions

Question 1

When is a statement deemed involuntary?

Answer 1

1- when the police subjected suspect to coercive conduct & the totality of the circumstances shows the suspect couldn’t overcome it

***subject to harmless error rule

***police cant lie about promising dismissals to elicit confessions

Question 2

4 ways to exclude statements & confessions

Answer 2

1. voluntariness approach-DPC of 5th and 14th amendment

2-right to counsel approach- 6th amendment right to counsel (offense-specific)

3-Miranda standard- 5th amendment privilege against self-incrimination (no verbatim required)

4- Fruits of illegal conduct- 4th amendment exclusionary rule

Question 3

Miranda Warnings Require

Answer 3

1- official interrogation

2- custody

***doesn’t apply to questioning in jail

Question 4

What objective factors are used in determining custody for Miranda purposes?

Answer 4

1- when and where it occurred

2- how long it lasted

3- how many police were present

4- what officers did and said

5- presence of restraints

6- whether D was questioned as a suspect or a witness

***subjectivity is irrelevant

Question 5

Waiver of Miranda rights requires?

Answer 5

1. knowing and intelligent waiver (express or implied)

2. prosecutor has heavy burden

Question 6

When are valid admissions after miranda warnings still inadmissible?

Answer 6

1. when it comes from fruit of the poisonous tree from an illegal arrest, search or seizure

***requires D’s rights invaded, not a 3rd party