Fifth Amendment

Question 1

What is the scope of when the 5A privilege applies?

Answer 1

Applies in any civil / criminal, formal / informal if there is possibility of incriminating D

Question 2

What is required in order for police interrogation to be valid?

Answer 2

1. Content - must give suspect notice of right to counsel, statement used in court, right to silence
2. Right to Counsel - if D makes specific unambiguous statement, all interrogation must stop
3. Right to Silence - interrogator must honor

Question 3

When is the 5A invoked during trial?

Answer 3

Can invoke at any proceedings where it may incriminate itself

Question 4

What is not protected under the 5A?

Answer 4

Non-testimonial evidence such as blood, urine, breathalyzer

Question 5

What is considered custodial during a police interrogation?

Answer 5

1. Formal arrest / restraint of freedom
2. Whether reasonable person believes it can leave
3. Police station questioning not automatically custodial

Question 6

What is considered an interrogation?

Answer 6

1. Questioning reasonably likely elicit incriminating response
2. Voluntary statements not protected
3. Confessions involuntary only if coerced under totality of circumstances

Question 7

What is required for Miranda warning?

Answer 7

1. Right to remain silent
2. Statements can be used against D
3. Right to consult atty + present during questioning
4. Right to atty if can’t afford one

Question 8

What are the consequences of 5A violations?

Answer 8

1. Involuntarily obtained statements are never admissible
2. Evidence obtained from involuntary statements are presumptively inadmissible
3. Miranda violations can be admissible for impeachment
4. Evidence taken in violation of Miranda is admissible