Chapter 5 Flashcards
(46 cards)
Interviews
Conversation to obtain information
Interrogations
Also an interview, but with the purpose to obtain incriminating evidence.
Berkener v McCarty (1984)
No miranda warnings during traffic stops.
When do you have to read miranda rights?
Once you start questioning somebody in custody.
What are pacifying behaviors in interviews?
- Hand behaviors
- Swearing to truthfulness
What is a confession?
The suspect admits that they committed the crime.
What is an admission?
The suspect gives information related to the crime.
Davis v. United States (1994)
Ambiguous statements saying that you might want to talk to your lawyer does not invoke your miranda rights.
What is custody?
The detained person is deprived of their freedom.
Rhode Island v. Innis (1980)
Officers can try to draw information out of people without reading their rights.
Brown v Mississippi (1936)
Confessions have to be voluntarily given.
McNobb Mallory Rule (1956)
You must promptly present the suspect to a judge after arrest.
Ashcroft v. Tennessee (1944)
36 hours of continuous investigation, ignoring asking for an attorney.
Brown v. Mississippi (1936)
Like Ashcroft
Spano v. New York (1959)
Cannot give psychological pressure.
Escebedo v. IL (1964)
Ignoring asking for attorney.
Miranda v. Arizona (1966)
Didn’t understand explicit rights to remain silent.
Miranda Rights.
Frazier v. Cupp (1969)
Deceptive practices are fine.
Florida v. Powell (1910)
Miranda rights can be paraphrased. Order not fixed.
Berghuis v. Thompkins (2010)
To invoke your miranda rights, you have to tell the police you want to remain silent.
Salinas v. Texas (2013)
5th amendment rights don’t work until you invoke them.
NJ v. Samander Dabas (2015)
Reversal of conviction based on bad notes.
Brady v. Maryland (1963)
Evidence cannot be suppressed.
NIBIN
Ballistic Intelligence
