The Sixth Amendment Right to Counsel During Interrogation Flashcards
What does the 6A guarantee?
Right to counsel
When does the 6A attach?
Post-indictment in Messiah, but incriminating statements under casual convo are ok
When must Miranda warnings be provided?
Custody + Interrogation
When police issue Miranda warnings, what must they do?
Stop asking questions, but they do not have to provide attorney immedietly
Theories behind Miranda Warnings
® 5a prohibits compelled self-incrim
® 5a applies to police q bc custodial interrogation is inherently compelling w pressures
® Specified warnings necessary to dispel compelling pressure of custodial interrogation
® Suspect is therefore empowered to make voluntary and knowing choice whether to participate in custodial police interrogation
Waiver
Must be voluntary, knowing and intelligently made
How long does the right to invoke Miranda rights last?
Through the entire interrogation
Burden of Demonstrating Waiver belongs to:
prosecution
Custody - when are you not in Custody?
® Drunk driver traffic stop
◊ Seized, but not in custody
} Fork in the road between good tactics and custodial interrogation
-no per se custody for incarceration
Are Miranda Warnings Needed in a Drunk Driving Stop/Seizure?
◊ Not needed
} Traffic stop is brief and different from a station house interrogation
} Traffic stop you don’t feel at complete mercy of police
} Traffic stop is public
Custody - what to look for:
◊ Formal arrest or feels like it
◊ Public access
Custody Factors
◊ Location
◊ Duration
◊ # of officers
® Age is a relevant factor to the reasonable person standard of whether they felt able to end the encounter
-closed room
-can have custody outside of the interrogation room though
Is a meeting with a probation officer custody?
® Setting with probation officer is different from police dominated atmosphere ® Factors ◊ Voluntariness ◊ Familiarity w surroundings ◊ Freedom to leave ◊ Ability to schedule when to come in
Interrogation - Innis:
Miranda Warnings given and he asked for attorney. Police told not to ask questions, officers spoke to each other and man in custody overheard and responded to those statements.
Is this ok?
What is the test developed here?
This is ok
® Test
Is this functional equivalent of express questioning?
Is Miranda required when there is an undercover agent in a cell doing clear questioning?
No
Fulminante Case:
While in prison he became friends with Anthony Sarivola, an inmate paid by the FBI to collect information on other inmates while he served his term. Fulminante initially denied killing his stepdaughter to Sarivola, but admitted it when Sarivola offered him protection from other inmates in exchange for the truth. After his release, Fulminante also confessed to Donna Sarivola, Anthony’s wife.
Will these Confessions Stand in Court?
No
The Court held that Fulminante was coerced to confess. The Court found that “it was fear of physical violence, absent protection from his friend Sarivola, which motivated Fulminante to confess.” This motivation invalidated his confession. Since Fulminante’s confession to Donna Sarivola was closely tied to his first coerced confession, the Court dismissed both.