5th Amendment Flashcards
(9 cards)
5th Amendment general rule
The 5th Amendment protects an individuals right against coerced self-incrimination
When does the 5th Amendment become implied?
The suspect must be subject to custodial interrogation
What rights must be given pursuant to the 5th Amendment?
Miranda Warnings
- Right to remain silent
- anything you say can and will be used against you in a court of law
- Right to Counsel
- if you cannot afford one, one will be appointed to you
How to determine if a suspect is in custody?
A S is in custody if a reasonable person would not feel free to leave due to the coercive pressures of the police
totality of the circumstances test
Possible Custody Factors
- age of S
- at home or station
- weapon on display
- blocking exit
- nature of conversation
How to determine if suspect under interrogation?
When the officer is express questioning, or the functional equivalent, that will likely lead to an incriminating response
What is the functional equivalent of questioning?
Words or actions police should know are reasonably likely to illicit an incriminating response
5th Amendment Public Safety Exception
If there is a threat to public safety, Miranda need not be given bc Miranda is a judge-made rule, although constitutionally based
Standard for re-interrogation after right to silence is invoked
must be a reasonable time and question about smth else
