Unit 6: Miranda and Sub-Issues Flashcards
What counts as being in custody?
Court will consider all objective circumstances surrounding the interrogation.
presence of officer(s) alone does not automatically make it custodial + interaction w/ law enforcement itself is not per say custodial either.
Two-Part Inquiry
1. Would a reasonable person have felt free to leave?
— how was the individual summoned to the space? Arrested? Removed? Volunteered?
— Age ( was the police officer aware of age or wold reasonable officer have been aware?)
- Was the environment inherently coercive (like the station house in Miranda)?
— Where did questioning occur?
— How was the questioning conducted?
— Did the physical space suggest the person could leave?
— Was the person told she could leave?
Custody
- Station house questioning. Miranda.
- Questioning at school of juvenile suspect. JDB
- Questioning of suspect in his bedroom at 4AM. Orozco.
Psychiatric question of capital defendant. Estelle.
Not Custody
- Voluntary trips to the police station by individuals and they remain free to leave at any time. Mathiason; Beheler.
- Grand jury witnesses. Mandujano.
-Investigation focused on suspect, but suspect not arrested yet. Beckwith. Contra Escobedo.
- Roadside questions during vehicular stop. Brakemen (even if cop intends, but has not communicated, desire to arrest).
- Required probation meetings. Murphy.
-Terry stops.
Note: this cover a lot of potentially incriminating statements.
what is an interrogation?
Modes of Interrogation
Express questioning to a suspect of a crime or “its functional equivalent.” Innis.
Police “words or actions that…are reasonably likely to elicit an incriminating response from the suspect.”
— Usually when the police have a design or plan to achieve answers without asking questions, although Innis’ application suggests the form of the police statement can matter.
— If the police know of a fact related to the suspect, and play to it, that is evidence in favor of interrogation.
— Does notinclude undercoverquestioning, even if person is in custody. Perkins.
— Does notincludefield sobriety instructions or administrative “booking questions.” Muniz.
Takeaway: Interrogation takes place when police should have known that their words or actions were reasonably likely to elicit an incriminating response.
Corollary: Miranda is about regulating coercion, not deception.
are the exact warnings in Miranda required? What counts as Miranda warning?
The warning must be sufficiently comprehensive and comprehensible of the rights protected. Florida v. Powell.
what happens upon invocation of a right?
“If…he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking there can be no questioning. Likewise, if the individual is alone and indicates in any manner that he does not wish to be interrogated, the police may not question him.”
Michigan v. Mosley (1975) (invoked right to silence).
—Questioning must cease upon invocation of right to silence.
—But police can reinitiate a custodial interrogation after significant time* has passed, and with a fresh set of warnings.
*Lower courts have held “significant time” can be as short as 5 minutes.
— The admissibility of statements obtained AFTER person in custody has decided to remain silent depends under Miranda on whether his right to cut off questioning was scrupulously honored
Edwards v. Arizona (1981) (invoked right to counsel).
—Questioning must cease upon invocation of right to counsel, unless suspectreinitiates conversation.
—Police cannot reinitiate custodial interrogation at any time until counsel is present.
—Waiver cannot be shown by evidence of later responses to police-initiated custodial interrogation, even if advised of his rights again.
— questioning must cease unless:
1. suspect reinitiates
2. until counsel is present
3. custody ceases for at least 14 days.
what constitutes a valid waiver?
Waiver = totality of circumstances analysis
Miranda waivers must be “voluntary,” “knowing,” and “intelligent.” Edwards (citing Johnson v. Zerbst, 304 U.S. 464 (1938)).
— If the suspect states an intention to waive, how do we know those three conditions have been met? What must the police do?
—If the suspect’s statements are ambiguous about invocation or waiver, what is necessary for a valid waiver to occur?
voluntary = free and deliberate choice (free of official physical or psychological coercion)
Knowing and intelligent = understanding of nature of rights + consequences of relinquishment
Waiver must be obtained whether suspect invokes Miranda rights or not.
Waiver can be express or implied by conduct and is assessed under all circumstance.
— A suspect who understands Miranda warnings and then makes an uncured statement has impliedly waived the right to silence and counsel.
Practical Effect: Police can seek waiver up until the moment invocation. Even absent express waiver, statements made by suspect can impliedly waive the rights (assuming valid warnings, understanding , and no official coercion).
Post Edwards - What counts as invocation? What counts as re-initiation by the suspect?
After a suspect invokes the right to counsel, how does a suspect re-initiate, allowing questioning tocontinue?
Whether the suspect’s statements could reasonably have been interpreted by the officer as relating generally to the investigation, rather than just in response to routine police procedures. Bradshaw.
How long does invocation of the right to counsel (under Edwards) prevent questioning?
After a suspect has been out of custody for 14 days police can reinitiate without violating Edwards.Shatzer.
It is unclear whether an amount of time, alone, while the suspect remains in custody,is sufficient to allow police re-initiation.
