5th Amendment Flashcards
(27 cards)
When is Miranda triggered?
When a suspect is in custody and when they are being interrogated (must have both!)
What is the basic rule of Miranda v Arizona?
When a suspect is in custody and subject to an interrogation, no incriminating statement can be used against them unless their Miranda rights are given to them.
How to waive Miranda rights?
By (1) voluntarily (2) knowingly and (3) intelligently submitting to questioning
If a suspect invokes their right what has to happen?
Questioning must cease
What is the basic premise of Miranda Rights?
Custodial interrogation is inherently coercive so without warnings, the statements received would be considered compelled and involuntary
What does custody mean?
A person is deprived of action in a significant way, akin to arrest / a reasonable person would not think that they were free to leave
What are two examples of non-custodial situations?
(1) terry stop and (2) automobile stop
What is interrogation?
Express questioning or any words or actions that the police should have realized were reasonably likely to elicit an incriminating response from the subject
Rhode Island v Innis (school gun)
Suspect arrested in the back of the car, the officers say “sure would hate for the kids at the school to find the gun.” This appeal to conscience was not interrogation since no particular susceptibility and not a call for response
Brewer v Williams (Christian burial speech)
The kidnapping murder suspect was arrested and considered mentally susceptible to appeals to religious appeals. The officers said they hoped that they could find the girl before it snowed to give a burial and the suspect said incriminating things. This was interrogation.
How to invoke Miranda rights?
Clearly and unambiguously
If someone has invoked their Miranda rights, can the police come back to try again?
only after scrupulously honoring your claim to silence
What happens if you invoke your right to have a lawyer?
Questioning must cease until the lawyer is present
When can Miranda-violative statements be used?
Impeachment and physical evidence
How does an officer have to give Miranda warnings?
Reasonably convey the warnings so that the totality of the warning is adequate
Can someone give an anticipatory invocation of their rights?
No. Can only invoke when you are the suspect of an interrogation.
What is the Missouri Seibert two-step for understanding bad-faith?
(1) interrogated at length without miranda warnings
(2) gave warnings and went over the same stuff they interrogated about earlier
What happens if an officer uses the Missouri two-step?
All of the statements are inadmissible, including the ones that were obtained subsequently with Miranda warnings
What is the public safety exception to Miranda?
If the public is in immediate danger, a statement by a suspect can be admitted. The societal cost outweighs the suspects protections.
What happens when conversations are made between suspects and undercover agents?
Miranda does not protect these disclosures because Miranda is intended to protect based on the perspective of the suspect.
How many days constitutes a formal break in custody for Miranda questioning?
14 days is enough time to count as a break in custody to end presumptive involuntariness of reinitiating questioning.
What factors contribute to the public safety exception?
(1) the time sensitive nature of the circumstances and (2) the harm that will occur if officers do not get an answer
Does a waiver need to be expressed or formal?
No, it can be inferred from actions, like when someone does not sign the form but does not ask for an attorney and speaks to cops.
What does the 5th Amendment protect?
No person shall be compelled in any criminal case to be a witness against himself
