The Sixth Amendment Right to Counsel During Interrogation

Question 1

What does the 6A guarantee?

Answer 1

Right to counsel

Question 2

When does the 6A attach?

Answer 2

Post-indictment in Messiah, but incriminating statements under casual convo are ok

Question 3

When must Miranda warnings be provided?

Answer 3

Custody + Interrogation

Question 4

When police issue Miranda warnings, what must they do?

Answer 4

Stop asking questions, but they do not have to provide attorney immedietly

Question 5

Theories behind Miranda Warnings

Answer 5

® 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

Question 6

Waiver

Answer 6

Must be voluntary, knowing and intelligently made

Question 7

How long does the right to invoke Miranda rights last?

Answer 7

Through the entire interrogation

Question 8

Burden of Demonstrating Waiver belongs to:

Answer 8

prosecution

Question 9

Custody - when are you not in Custody?

Answer 9

® 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

Question 10

Are Miranda Warnings Needed in a Drunk Driving Stop/Seizure?

Answer 10

◊ 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

Question 11

Custody - what to look for:

Answer 11

◊ Formal arrest or feels like it

◊ Public access

Question 12

Custody Factors

Answer 12

◊ 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

Question 13

Is a meeting with a probation officer custody?

Answer 13

® 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

Question 14

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?

Answer 14

This is ok

® Test
Is this functional equivalent of express questioning?

Question 15

Is Miranda required when there is an undercover agent in a cell doing clear questioning?

Answer 15

No

Question 16

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?

Answer 16

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.

Question 17

What kind of questions are ok to ask?

Answer 17

Administrative Questions

name, address, height, wieght, eye color, DoB, current age

Question 18

Like in Mosley, Whether once a D exercises his right to remain silent, may he later be interrogated on another subject after time has passed and a new warning given?

Answer 18

Once a D exercises his right to remain silent, he may later be interrogated on another subject as long as reasonable time has passed and a new warning given.

Question 19

Like in Edwards, D was charged, warrant issued and D was arrested. After D was read his Miranda warnings, he immediately requested a lawyer. The next morning, two detectives went to question D without the presence of his attorney and they obtained a confession out of the petitioner.Can the confession be admitted as evidence?

Answer 19

No

Question 20

Whether interrogations can continue after counsel is requested, regardless of whether counsel was consulted or not?

Answer 20

No

Question 21

How long are your Miranda rights going to stick with you once released back into the public?

Answer 21

Can re-interrogate a suspect after 2 weeks

Question 22

If D waives his right to remain silent, but his sister gets him an attorney without Ds knowledge, must police cease interrogation?

Answer 22

No

Fifth Amendment constitutional rights embodied by Miranda do not require police to notify the suspect of the presence of counsel, nor does it require police to notify counsel of interrogations with his or her client.

Question 23

May law enforcement lie?

Answer 23

Yes - but has to be weighed under totality of the circumstances

Question 24

When must you explicitly assert rights versus implicitly

Answer 24

Explicit - Outside interrogation

Implicit - Interrogation

Question 25

Quarales Case - After receiving the description of Quarles, an alleged assailant, a police officer entered a supermarket, spotted him, and ordered him to stop. Quarles stopped and was frisked by the officer. Upon detecting an empty shoulder holster, the officer asked Quarles where his gun was. Quarles responded incriminating himself. The officer then formally arrested Quarles and read him his Miranda rights.

Should the Court suppress Quarles’s statement about the gun and the gun itself because the officer had failed at the time to read Quarles his Miranda rights?

Answer 25

No. The Court held that there is a “public safety” exception to the requirement that officers issue Miranda warnings to suspects. Since the police officer’s request for the location of the gun was prompted by an immediate interest in assuring that it did not injure an innocent bystander or fall into the hands of a potential accomplice to Quarles, his failure to read the Miranda warning did not violate the Constitution.

Question 26

Can Congress override Miranda?

Answer 26

No

The protections outlined in Miranda, are protections mandated by the Constitution. Therefore Congress, through a federal law, can not overrule Miranda.

Question 27

Can statements barred by Miranda still be used at trial?

Answer 27

Yes - impeachment purposes

Question 28

When can silence be used for impeachment?

Answer 28

Pre-arrest

Post arrest is covered by Miranda

Question 29

If an officer intentionally withholds Miranda warnings to get a confession, then after the Confession Mirandizes and gets the D to re-confess, is that confession admissible?

Answer 29

No

Question 30

Can physical evidence found as a result of un-Mirandized but voluntary testimony be used in court?

Answer 30

Yes

Patane Case:
Samuel Patane was arrested at his home for calling his ex-girlfriend in violation of a restraining order. During the arrest, police offers began reading Patane his Miranda rights. Patane told the officers that he knew his rights. The officers then stopped reading them, at which point Patane told police that he had a gun in his house. They searched the house with his permission and found the gun. As an ex-felon, Patane was not permitted to possess a gun and was prosecuted for possession.

Question 31

Are a suspect’s Fifth Amendment right against self-incrimination and his Fourteenth Amendment substantive due process right to be free from coercive questioning violated when he was subjected to coercive questioning while in police custody, even if his coerced statements were never used against him in a criminal case?

Answer 31

No

Question 32

When does 6A attach?

Answer 32

® When state’s relationship becomes solidly adversarial - formal situation
-at any critical stage

Question 33

Critical Stage

Answer 33

• Identification Procedures
• Interrogation
• arraignment

Question 34

What kind of identification procedures do 6A rights attach & which procedures do they not?

Answer 34

Attach: Line Up

Don’t Attach: Photo Array

Question 35

6A Interrogation

Answer 35

intentional/deliberate elicitation of incriminating information

Question 36

5A Interrogation

Answer 36

No deliberateness requirement

Question 37

Brewer Case, after being arraigned on charges of abducting a 10-year old girl, was traveling with an officer between Davenport and Des Moines, Iowa. Although the defendant’s lawyers instructed that no questioning should take place outside their presence, the defendant was convinced by the officer to give directions to the body of the girl.

Did D waive his 6A rights?

Answer 37

No

– He has been speaking to attorneys, he is an active participant, he asserted his right numerous times

Question 38

Waiver

Answer 38

◊ Voluntarily waiver
◊ Comprehension
◊ There can be a voluntary waiver during questioning. -Police can approach you to see if you want the waiver. -They need to know they are talking to police in order to waive
• Undercover agents can never get a waiver from a defendant.

Question 39

In Brewer, despite 6A rights being violated, is the evidence suppressed?

Answer 39

® Evidence not suppressed because it was voluntary

Under 6A - speaking without an attorney present is voluntary

Question 40

Informant in Cell - when are 6A rights violated and when are they not?

Answer 40

® Informant planted in cell to elicit information
◊ D made incriminating statements against himself in front of informant
} Not ok
® plant only listened and didn’t illicit
◊ This is ok

Question 41

How do you get statements from being used even for impeachment purposes?

Answer 41

Involuntary or coerced statements is only way to get them completely out