Miranda And Confessions

Question 1

Is there a “precise formula” dictated by the courts for advising someone of his/her Miranda Rights?

Answer 1

No. “So long as the warning as a whole sends the message to the defendant that he has a right to have a lawyer appointed before questioning begins, the warning does not have to follow a precise formula.”

Question 2

When are Miranda Rights required?

Answer 2

1. Custody

2. Interrogation

Question 3

Which type of questions or statements are not considered to be an “interrogation” under Miranda and, therefore, the Miranda Warning does not apply?

Answer 3

1. Threshold Questions
2. Public Safety Questions
3. Volunteered Statements
4. Statements During Tests
5. Routine Booking Questions
6. Third Party Questioning

Question 4

Does Miranda apply when asking threshold questions?

Answer 4

No. “Threshold questions are not considered interrogations. This is because they are not intended to elicit incriminating information pursuant to an investigation. Rather they are questions asked so that the law enforcement officer knows how to react to a situation.”

Question 5

Which type of situations are not considered “custodial” under Miranda and, therefore, the Miranda Warning does not apply?

Answer 5

1. Consensual Encounters
2. Temporary Detentions
3. Traffic Stops

Question 6

“If Miranda applies and a statement is taken from a suspect, before it can be used in court, the prosecutor has the burden to prove that the waiver of the suspect’s 5th Amendment Miranda Rights was ____________, ___________ and _____________ made.”

Answer 6

Voluntarily, knowingly, intelligently

Question 7

“In Moran v Burbine, the United States Supreme Court indicated a (Miranda Rights) waiver is voluntary if it was the product of a ________ and ________ choice rather than intimidation, coercion or deception.”

Answer 7

Free, deliberate

Question 8

“The United States Supreme Court has indicated that a knowing and intelligent (Miranda Rights) waiver involves a full awareness by the suspect of the nature of the right being abandoned and the consequences of the decision to abandon it.” In Moran v Burbine “This is generally accomplished by…”

Answer 8

“…demonstrating to the court that the officer advised the suspect of his Miranda Rights and at the conclusion of the advisement asked the suspect if he understood his rights. An affirmative response by the suspect normally satisfies the knowingly and intelligent portion of the waiver.”

Question 9

When invoking Miranda Rights, what are the two rights a suspect can invoke?

Answer 9

1. Right to silence (refusal to answer questions)

2. Right to counsel (before and during questioning)

Question 10

“Any statement or action by a suspect that communicates he does not wish to talk to officers is sufficient (to invoke his Miranda Rights)” True or False?

Answer 10

TRUE

Question 11

“Unlike the right to remain silent, to invoke the right to an attorney, law enforcement officers are entitled to an ___________ and ___________ request for an attorney.”

Answer 11

Unambiguous, unequivocal

“I want a lawyer” - Sufficient
“Maybe I should have a lawyer present” - Insufficient

Question 12

Who may invoke Miranda Rights?

Answer 12

“Only the person being interrogated has the right to invoke a Miranda right.”

Question 13

“Although the United States Supreme Court has not issued an opinion in this area, several Federal Circuit Courts have indicated when a defendant is no longer in custody, on any charge or holding status, then police may reiniciarte contact with the defendant, re-advise him of his Miranda Rights, and, if there is a proper waiver, question him.” True or False

Answer 13

TRUE

Question 14

After a suspect is placed “in custody”, given his Miranda Rights and then invokes his RIGHT TO REMAIN SILENT, all questioning must cease. Can he be re-interrogated?

Answer 14

Yes, after a reasonable period of time has elapsed or the arrestee himself initiates further communication with the police. In any event, he should be re-Mirandized.

Question 15

After a suspect is placed “in custody”, given his Miranda Rights and then invokes his RIGHT TO COUNSEL, all questioning must cease. Can he be re-interrogated?

Answer 15

NO. “The lapse in time doctrine does not apply to the right to counsel. If the suspect invokes right to counsel, absent a break in custody, the suspect may not be approached by police again, regardless of the passage of time.”

Question 16

“Although it is always preferable to re-advise a suspect of Miranda Rights when reinitiating questioning or responding to a defendant initiating contact, the failure to do so is…”

Answer 16

“…NOT, in and of itself, a violation of Miranda. Rather whether a defendant was re-Mirandized will be considered as part of the totality of the circumstances test in determining if the defendant understood and waived Miranda at the time of interrogation.”

Question 17

“Parental presence is not required by Miranda or for a statement to be voluntary.” True or False?

Answer 17

TRUE

Question 18

Does the “Fruits of the Poisonous Tree Doctrine” apply to Miranda?

Answer 18

NO. “Fruits of the Poisonous Tree Doctrine does not apply to Miranda.

Question 19

If physical evidence is obtained in violation of Miranda, is the evidence rendered inadmissible?

Answer 19

NOT GENERALLY. “Although statements obtained in violation of Miranda may not be admitted against the accused in the prosecution’s case-in-chief, the physical evidence produces as a result of the statements is not generally rendered inadmissible simply because of the Miranda violation.”