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Flashcards in Crim Pro: Confessions Deck (32)
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1

Confessions:

Obtained by state actor may be suppressed if obtained in violation of:
1. Due Process Clause
2. Sixth Amendment Right to Counsel, or
3. Fifth Amendment Miranda doctrine
*these protections may overlap. Most tested is Miranda.

2

Confessions Analysis:

1. State Action?
2. Due Process (involuntary0?
3. Sixth Amendment (deliberate elicitation after formal charges)?
4. Miranda (custodial interrogation)?
5. Suppression?

3

Due Process

TEST: Involuntary because will was overborne by state coercion (eg. physical or extreme psychological).

4

Police trick suspect into confessing by lying that co-defendant confessed. Involuntary?

NO

5

Suspect confesses to police after father threatens to beat him. Involuntary?

NO.. not state actor.

6

Sixth Amendment:

6A provides a right to counsel after the initiation of adversarial proceedings. The state cannot undermine this right by deliberate elicitation of ac onfession in the absences of counsel.
Trigger: Formal charges
ex. Indictment not arrest
b. Offense-SpecificL extends only to charged offenses not uncharged unrelated criminal activity.
Test: deliberately elicit without counsel or waiver.
Waiver: knowing, intelligent, voluntary

7

Post-indictment, officer posing as prisoner converses to cellmate to obtain confession. Deliberate elicitation?

Yes

8

Post-indictment, officer overhears inmate confessing to cellmate. Deliberate elicitation?

No

9

Post-indictment, police set up car "date" between co-defendants, with cooperating one wired. Deliberate elicitation?

Yes

10

Miranda

SC has construed the 5A privilege Against Self-Incrimination to provide, in the context of custodial interrogation, a right to
1. Right to counsel and
2. Silence
and to require
3. Miranda warning before questioning.

11

Miranda Analysis

1. Custody (arrest or functional equivalent)?
2. Interrogation (know reasonably likely elicit incriminating response)?
3. Warning (silence, use, counsel, provided)?
4. Invocation (silence or counsel unequivocally)?
5. Waiver (knowing, intelligent, voluntary)?

12

Miranda Trigger

Custody
a. Arrest of equivalent restriction on freedom (under totality of circumstances).
b. Coercive police dominated environment (even if does not rise to level of Due Process violation).

13

Miranda Test:

Qestioning.
a. Express questioning
b. Words or conduct police knew or should have known to be reasonably likely to elicit incriminating response.

14

Officer poses as prisoner questions cellmate. Custody?

NO

15

Officer questions suspect who voluntary comes to station house. Door unlocked, no indication cannot leave. Custody?

No

16

Officer takes convicted prisoner from cell to conference room for questioning not physically restrained told could go back to cell. Custody

No

17

Cuffed suspect in squad car spontaneously confesses. Interrogation?

NO

18

Cuffed suspect in squad car, whom officer knows is religious, tells where girl's body is after remarking it would be tragic if parents could not give her a christian burial. Interrogation?

Yes

19

Miranda: Warnings

Rule: MUST Mirandize suspect before custodial interrogation.
Warnings: Must apprise suspects of
1. Right to remain silent
2. Any statement used against you in court of law
3. Right to counsel before and during questioning
4. iF you can't afford attorney, one will be appointed to you.

20

Miranda: Invocation

Test: suspect must invoke right to silence or counsel UNEQUIVOCALLY and EXPRESSLY.
Result: Interrogation must cease immediately

21

Resumption of Interrogation: Silence

Pre-condition: "scrupulously honored original invocation"
Waiting period: "significant period" (>/ several hours)
Crime: different
Requirements: new warning + valid waiver

22

Resumption of Interrogation: Counsel

Pre-condition: "scrupulously honored original invocation"
Waiting period: 1. suspect initiates OR 2. >/ 2 weeks since custody.
Crime: Any
Requirements: new warnings + valid waiver
*NOTE: release back to general prison population counts as release from custody for both silence and counsel

23

Miranda Waiver

Rule: Confessions obtained through custodial interrogation are admissible if a Mirandized suspect waives his rights in a knowing, intelligent and voluntary manner.

24

Knowing and intelligent
Voluntary
Waiver

*basic understanding of nature of rights and consequences of abandonment from warnings
*not coerced by police
*Waivers may be express or implied from course of conduct

25

Suppression: Exclusionary Rule

Fruit of D's Due Process, 6A, and Miranda Rights are inadmissible.
General Exceptions:
1. Independent Source
2. Inevitable Discovery
3. Attenuation

26

Miranda Exceptions to Suppression

1. Confessions if public policy requires (custodial interrogation)
2. Impeachment
3. Physical Fruit of Miranda Violation
4. Witness Testimony
5. Invalid followed by Valid Confession
*Admit valid confession if the prior invalid confession was voluntary and not deliberate evasion of Miranda.

27

After suspect unambiguously invoked right to counsel, questioning ceased. Police initiated questioning one week after without counsel and obtained confession. Suppress?

Yes-- needed two weeks

28

Body found as a result of post-indictment un-MIrandized custodial interrogation without counsel. Suppress?

YEs

29

Body found as result of confession from police beating and separately by independent police canine search. Suppress?

NO -- indep source.

30

Incriminating statements from immediate questioning of arrested bobbing suspect foiled event. Suppress?

No--public safety