MIRANDA!! FINAL Flashcards
(94 cards)
1
Q
_______ ______ should be read when the suspect is in custody and being interrogated.
A
Miranda rights
2
Q
Miranda rights ______ ____ ___ when the suspect is in custody and being interrogated.
A
should be read
3
Q
Miranda rights should be read _____ ____ ____ is in custody and being interrogated.
A
when a suspect
4
Q
Miranda rights should be read when a suspect ____ ____ _________ and being interrogated.
A
is in custody
5
Q
Miranda rights should be read when a suspect is in custody ____ _____ _______.
A
and being interrogated
6
Q
When should Miranda rights be read?
A
Miranda rights should be read when a suspect is in custody and being interrogated.
7
Q
______ _______ are intended to guard against the coercive atmosphere that exists when one is questioned by the police.
A
Miranda rights
8
Q
Miranda rights ______ _______ to guard against the coercive atmosphere that exists when one is questioned by the police.
A
are intended
9
Q
Miranda rights are intended ____ _____ ______ the coercive atmosphere that exists when one is questioned by the police.
A
to guard against
10
Q
Miranda rights are intended to guard against ______ __________ _________ that exists when one is questioned by the police.
A
the coercive atmosphere
11
Q
Miranda rights are intended to guard against the coercive atmosphere ______ ________ when one is questioned by the police.
A
that exists
12
Q
Miranda rights are intended to guard against the coercive atmosphere that exists ______ _____ _____ questioned by the police.
A
when one is
13
Q
Miranda rights are intended to guard against the coercive atmosphere that exists when one is _______ _______ ______ _______.
A
questioned by the police
14
Q
What are Miranda rights intended to do?
A
Miranda rights are intended to guard against the coercive atmosphere that exists when one is questioned by the police.
15
Q
_____ _____ _______ arises when there is a formal arrest or restraint on freedom of movement of the degree associated with a formal arrest.
A
Being in custody
16
Q
Being in custody _______ when there is a formal arrest or restraint on freedom of movement of the degree associated with a formal arrest.
A
arises
17
Q
Being in custody arises _____ _____ ____ _____ formal arrest or restraint on freedom of movement of the degree associated with a formal arrest.
A
when there is a
18
Q
Being in custody arises when there is a ______ _______ or restraint on freedom of movement of the degree associated with a formal arrest.
A
formal arrest
19
Q
Being in custody arises when there is a formal arrest ______ ________ on freedom of movement of the degree associated with a formal arrest.
A
or restraint
20
Q
Being in custody arises when there is a formal arrest or restraint ___ ____ ______ ____ _______ associated with a formal arrest.
A
on the freedom of movement
21
Q
Being in custody arises when there is a formal arrest or restraint on the freedom of movement ____ _____ _______ associated with a formal arrest.
A
of the degree
22
Q
Being in custody arises when there is a formal arrest or restraint on the freedom of movement of the degree _______ ______ _____ ______ _______.
A
associated with a formal arrest
23
Q
___________ _________ a person is in custody requires two inquires
(1)
(2)
A
Determining whether
24
Q
Determining whether ____ _______ is in custody requires two inquiries
(1)
(2)
A
a person
25
Determining whether a person ___ ____ _________ requires two inquiries
(1)
(2)
is in custody
26
Determining whether a person is in custody ________ _____ __________
(1)
(2)
requires two inquiries
27
Determining whether a person is in custody requires two inquiries
(1) ____________________
(2)
What were the circumstances surrounding the interrogation?
28
Determining whether a person is in custody requires two inquiries
(1) What were the circumstances surrounding the interrogation?
(2)
Given those circumstances, would a reasonable persons have felt that he was not at liberty to terminate the interrogation and leave?
29
Determining whether a person is in custody requires two inquires:
(1) What were the circumstances surrounding the interrogation?
(2) Given the circumstances, would a reasonable person have felt that he was not at liberty to terminate the interrogation and leave?
_____ ______ _____ ______ _____.
This is an objective test.
30
______ ____ _______ conduct a traffic stop, you are effectively seized under the 4th. However, you are NOT in custody under the 5th and they do not have to read you Miranda rights when they start questioning you at a traffic stop.
If the police
31
If the police _______ _____ _______ _____, you are effectively seized under the 4th. However, you are NOT in custody under the 5th and they do not have to read you Miranda rights when they start questioning you at a traffic stop.
conduct a traffic stop
32
If the police conduct a traffic stop, ______ ______ effectively seized under the 4th. However, you are NOT in custody under the 5th and they do not have to read you Miranda rights when they start questioning you at a traffic stop.
you are
33
If the police conduct a traffic stop, you are _______ ______ under the 4th. However, you are NOT in custody under the 5th and they do not have to read you Miranda rights when they start questioning you at a traffic stop.
effectively seized
34
If the police conduct a traffic stop, you are effectively seized _____ _____ _____. However, you are NOT in custody under the 5th and they do not have to read your Miranda rights when they start questioning you at a traffic stop.
under the 4th
35
If the police conduct a traffic stop, you are effectively seized under the 4th. _______, you are NOT in custody under the 5th and they do not have to read your Miranda rights when they start questioning you at a traffic stop.
However
36
If the police conduct a traffic stop, you are effectively seized under the 4th, however, ____ ____ ______ ___ ______ under the 5th and they do not have to read your Miranda rights when they start questioning you at a traffic stop.
you are not in custody
37
If the police conduct a traffic stop, you are effectively seized under the 4th, however, you are not in custody _____ ___ _____ and they do not have to read your Miranda rights when they start questioning you at a traffic stop.
under the 5th
38
If the police conduct a traffic stop, you are effectively seized under the 4th, however, you are not in custody under the 5th _____ _____ ____ _____ have to read your Miranda rights when they start questioning you at a traffic stop.
and they do not
39
If the police conduct a traffic stop, you are effectively seized under the 4th, however, you are not in custody under the 5th and they do not _____ _____ ______ _____ Miranda rights when they start questioning you at a traffic stop.
have to read your
40
If police conduct a traffic stop, you are effectively seized under the 4th, however, you are not in custody under the 5th and they do not have to read your ______ ______ when they start questioning you at a traffic stop.
Miranda rights
41
If police conduct a traffic stop, you are effectively seized under the 4th, however, you are not in custody under the 5th and they do not have to read your Miranda rights _____ _____ _____ ______ _____ at a traffic stop.
when they start questioning you
42
If police conduct a traffic stop, you are effectively seized under the 4th, however, you are not in custody under the 5th and they do not have to read your Miranda rights when they start questioning you ____ ___ _____ ____.
at a traffic stop
43
__________ refers not only to express questioning but also to its functional equivalent which is any words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect.
Interrogation
44
Interrogation _____ ____ _____ ____ express questioning but also to its functional equivalent which is any words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect.
refers not only to
45
Interrogation refers not only to ______ ________ but also to its functional equivalent which is any words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect.
express questioning
46
Interrogation refers not only to express questioning ____ _____ ____ ______ ______ which is any words or actions on the part of the police that the police know are reasonably likely to elicit an incriminating response from the suspect
but also to its functional equivalent
47
Interrogation refers not only to express questioning but also to its functional equivalent _____ ____ ____ ____ ____ _____ on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect.
which is any words or actions
48
Interrogation refers not only to express questioning but also to its functional equivalent which is any words or actions ___ ____ _____ ___ ___ ______ that the police should know are reasonably likely to elicit an incriminating response from the suspect.
on the part of the police
49
Interrogation refers not only to express questioning but also to its functional equivalent which is any words or actions on the part of the police ___ ____ _______ should know are reasonably likely to elicit an incriminating response from the suspect.
that the police
50
Interrogation refers not only to express questioning but also to its functional equivalent which is any words or actions on the part of the police that the police _____ _____ are reasonably likely to elicit an incriminating response from the suspect.
should know
51
Interrogation refers not only to express questioning but also to its functional equivalent which is any words or actions on the part of the police that the police should know ____ _____ ______ to elicit an incriminating response from the suspect.
are reasonably likely
52
Interrogation refers not only to express questioning but also to its functional equivalent which is any words or actions on the part of the police that the police should know are reasonably likely ____ ____ _____ _______ _______ from the suspect.
to elicit an incriminating response
53
Interrogation refers not only to express questioning but also to its functional equivalent which is any words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response ____ ____ _____.
from the suspect
54
_______ ______
1. You have the right to remain silent.
2. Anything you say can and will be used against you in a court of law.
3. You have the right to an attorney
4. If you cannot afford an attorney, one will be provided for you at public expense.
5. You can decide at any time to exercise these rights and not answer any questions or make any statements.
Miranda Warnings
55
Miranda Warnings
1. ?
1. You have the right to remain silent
56
Miranda Warnings
1. ?
2 ?
1. You have the right to remain silent
2. Anything you say can and will be used against you in a court of law
57
Miranda Warnings
1. ?
2. ?
3. ?
1. You have the right to remain silent
2. Anything you say can and will be used against you in a court of law.
3. You have the right to an attorney
58
Miranda Warnings
1. ?
2. ?
3. ?
4. ?
1. You have the right to remain silent.
2. Anything you say can and will be used against you in a court of law.
3. You have the right to an attorney.
4. If you cannot afford an attorney, one will be provided for you at public expense.
59
Miranda Warnings
4. If you cannot afford an attorney, one will be provided for you ____ ___ ____.
at public expense
60
Miranda Warnings
1. ?
2. ?
3. ?
4. ?
5. ?
1. You have the right to remain silent.
2. Anything you say can and will b used against you in a court of law.
3. You have the right to an attorney
4. If you cannot afford an attorney, one will be provided for you at public expense.
5. You can decide at any time to exercise these rights and not answer any questions or make any statements
61
Miranda Warnings
1. You have the right to remain silent
2. Anything you say can and will be used against you in a court of law
3. You have the right to an attorney
4. If you cannot afford an attorney, one will be provided for you at public expense.
5. You can decide at any time to exercise these rights and not answer any questions or make any statements.
________
Do you understand each of these rights I have explained to you?
Having these rights in mind, do you wish to talk to us now?
Waiver
62
Miranda Warnings
1. You have the right to remain silent
2. Anything you say can and will be used against you in a court of law
3. You have the right to an attorney
4. If you cannot afford an attorney, one will be provided for you at public expense.
5. You can decide at any time to exercise these rights and not answer any questions or make any statements.
Waiver
1. ___ _____ ________ each of these rights I have explained to you?
2.
Do you understand
63
Miranda Warnings
1. You have the right to remain silent
2. Anything you say can and will be used against you in a court of law
3. You have the right to an attorney
4. If you cannot afford an attorney, one will be provided for you at public expense.
5. You can decide at any time to exercise these rights and not answer any questions or make any statements.
Waiver
1. Do you understand ____ _____ _____ _____ I have explained to you?
2.
each of these rights
64
Miranda Warnings
1. You have the right to remain silent
2. Anything you say can and will be used against you in a court of law
3. You have the right to an attorney
4. If you cannot afford an attorney, one will be provided for you at public expense.
5. You can decide at any time to exercise these rights and not answer any questions or make any statements.
Waiver
1. Do you understand each of these rights ____ ____ ______ ___ _____?
2.
I have explained to you?
65
Miranda Warnings
1. You have the right to remain silent
2. Anything you say can and will be used against you in a court of law
3. You have the right to an attorney
4. If you cannot afford an attorney, one will be provided for you at public expense.
5. You can decide at any time to exercise these rights and not answer any questions or make any statements.
Waiver
1. Do you understand each of these rights I have explained to you?
2. _____ ______ ______ in mind, do you wish to talk to us now?
Having these rights
66
Miranda Warnings
1. You have the right to remain silent
2. Anything you say can and will be used against you in a court of law
3. You have the right to an attorney
4. If you cannot afford an attorney, one will be provided for you at public expense.
5. You can decide at any time to exercise these rights and not answer any questions or make any statements.
Waiver
1. Do you understand each of these rights I have explained to you?
2. Having these rights ____ _____, do you wish to talk to us now?
in mind
67
Miranda Warnings
1. You have the right to remain silent
2. Anything you say can and will be used against you in a court of law
3. You have the right to an attorney
4. If you cannot afford an attorney, one will be provided for you at public expense.
5. You can decide at any time to exercise these rights and not answer any questions or make any statements.
Waiver
1. Do you understand each of these rights that I have explained to you?
2. Having these rights in mind, ___ ______ ______ to talk to us now?
do you wish
68
Miranda Warnings
1. You have the right to remain silent
2. Anything you say can and will be used against you in a court of law
3. You have the right to an attorney
4. If you cannot afford an attorney, one will be provided for you at public expense.
5. You can decide at any time to exercise these rights and not answer any questions or make any statements.
Waiver
1. Do you understand each of these rights that I have explained to you?
2. Having these rights in mind, do you wish ___ ____ ____ ___ _____?
to talk to us now?
69
Miranda Warnings
1. You have the right to remain silent
2. Anything you say can and will be used against you in a court of law
3. You have the right to an attorney
4. If you cannot afford an attorney, one will be provided for you at public expense.
5. You can decide at any time to exercise these rights and not answer any questions or make any statements.
Waiver
1. ?
2. ?
1. Do you understand each of these rights that I have explained to you?
2. Having these rights in mind, do you wish to talk to us now?
70
Do officers need to read the Miranda warnings verbatim?
Officers do NOT need to read the Miranda warnings verbatim. And long as the officer'
s explanation of the suspect's constitutional rights is a fully effective equivalent; ent of the Miranda warnings. The Supreme Court has approved a case by case factual inquiry when officers ad lib or a police department develops a different version of the warnings.
71
_____ ____ _____ is read his Miranda warnings, he has three options (1) assert his right to remain silent, (2) assert his right to counsel, or (3) waive all rights and agree to talk.
After a suspect
72
After a suspect ___ ____ _____ Miranda warnings, he has three options (1) assert his right to remain silent, (2) assert his right to counsel, or (3) waive all rights and agree to talk.
is read his
73
After a suspect is read his _____ ______, he has three options (1) assert his right to remain silent, (2) assert his right to counsel, or (3) waive all rights and agree to talk.
Miranda warnings
74
After a suspect is read his Miranda warnings, ____ ____ _____ ______ (1) assert his right to remain silent, (2) assert his right to counsel, or (3) waive all rights and agree to talk.
he has three options
75
After a suspect is read his Miranda warnings, he has three options (1) ____________________, (2) assert his right to counsel, or (3) waive all rights and agree to talk.
assert his right to remain silent
76
After a suspect is read his Miranda warnings, he has three options (1) assert his right to remain silent, (2) _______________, or (3) waive all rights and agree to talk.
assert his right to counsel
77
After a suspect is read his Miranda warnings, he has three options (1) assert his right to remain silent, (2) assert his right to counsel, or (3) __________________.
waive all rights and agree to talk
78
After a suspect is read his Miranda warnings, he has three options, what are they?
1. Assert his right to remain silent
2. Assert his right to counsel OR
3. Waive all rights and agree to talk
79
___ ___ _____ asserts their right to remain silent, the police must automatically stop right then. If the prosecution seeks to introduce a statement obtained from a suspect who had initially invoked his right to remain silent, it must be demonstrated that his right to remain silent was scrupulously honored. The first three factors must be met:
1. Original interrogation immediately ceased.
2. Passage of time
3. New warnings and waiver
4. Questioning about different crime
5. Questioning by different officers
6. Questioning at different locations
If a person
80
If a person ______ ____ ______ to remain silent, the police must automatically stop right then. If the prosecution seeks to introduce a statement obtained from a suspect who had initially invoked his right to remain silent, it must be demonstrated that his right to remain silent was scrupulously honored. The first three factors must be met:
1. Original interrogation immediately ceased.
2. Passage of time
3. New warnings and waiver
4. Questioning about different crime
5. Questioning by different officers
6. Questioning at different locations
asserts their right
81
If a person asserts their right ____ ____ _____, the police must automatically stop right then. If the prosecution seeks to introduce a statement obtained from a suspect who had initially invoked his right to remain silent, it must be demonstrated that his right to remain silent was scrupulously honored. The first three factors must be met:
1. Original interrogation immediately ceased.
2. Passage of time
3. New warnings and waiver
4. Questioning about different crime
5. Questioning by different officers
6. Questioning at different locations
to remain silent
82
If a person asserts their right to remain silent, _____ ______ _______ automatically stop right then. If the prosecution seeks to introduce a statement obtained from a suspect who had initially invoked his right to remain silent, it must be demonstrated that his right to remain silent was scrupulously honored. The first three facts must be met:
1. Original interrogation immediately ceased
2. Passage of time
3. New warnings and waiver
4. questioning about different crime
5. questioning by different officers
6. questioning at different locations
the police must
83
If a person asserts their right to remain silent, the police must ______ _____ _____ _____. If the prosecution seeks to introduce a statement obtained from a suspect who had initially invoked his right to remain silent, it must be demonstrated that his right to remain silent was scrupulously honored. The first three factors must be met:
1. original interrogation immediately ceased
2. passage of time
3. new warnings and waiver
4. questioning about different crimes
5. questioning by different officers
6. questioning at different locations
automatically stop right then.
84
If the person asserts their right to remain silent, the police must automatically stop right then. ___ _____ ________ seeks to introduce a statement obtained from a suspect who had initially invoked his right to remain silent, it must be demonstrated that his right to remain silent was scrupulously honored. The first three factors must be met:
1. Original interrogation immediately ceased
2. passage of time
3. new warnings and waiver
4. questioning about different crimes
5. questioning by different officers
6. questioning at different locations
if the prosecution
85
If a person asserts their right to remain silent, the police must automatically stop right then. If the prosecution _____ ___ ______ a statement obtained from a suspect who had initially invoked his right to remain silent, it must be demonstrated that his right to remain silent was scrupulously honored. The first three factors must be met:
1. Original interrogation immediately ceased
2. passage of time
3. new warnings and waiver
4. questioning about different crimes
5. questioning by different officers
6. questioning at different locaitons
seeks to introduce
86
If a person asserts their right to remain silent, the police must automatically stop right then. If the prosecution seeks to introduce ____ _________ obtained from a suspect who had initially invoked his right to remain silent, it must be demonstrated that his right to remain silent was scrupulously honored. The first three factors must be met:
1. original interrogation immediately ceased
2. passage of time
3. new warnings and waiver
4. questioning about a different crime
5. questioning by different officers
6. questioning at different locations
a statment
87
If a person asserts their right to remain silent, the police must automatically stop right then. If the prosecution seeks to introduce a statement ______ ______ _____ _______ who had initially invoked his right to remain silent, it must be demonstrated that his right to remain silent was scrupulously honored. The first three factors must be met:
1. Original interrogation immediately ceased
2. passage of time
3. new warnings and waiver
4. questioning about a different crime
5. questioning by different officers
6. questioning at different locations
obtained from a suspect
88
if a person asserts their right to remain silent, the police must automatically stop right then. If the prosecution seeks to introduce a statement obtained from a suspect ____ ____ ______ ______ his right to remain silent, it must be demonstrated that his right to remain silent was scrupulously honored. The first three factors must be met:
1. Original interrogation immediately ceased
2. passage of time
3. new warnings and waiver
4. questioning about different crime
5. questioning by different officers
6. questioning at different locations
who had initially invoked
89
If a person asserts their right to remain silent, the police must automatically stop right then. If the prosecution seeks to introduce a statement obtained from a suspect who had initially invoked ___ _____ ___ _____ ____, it must be demonstrated that his right to remain silent was scrupulously honored. The first three factors must be met:
1. original interrogation immediately ceased
2. passage of time
3. new warnings and waiver
4. questioning about different crimes
5. questioning by different officers
6. questioning at different locations
his right to remain silent
90
If a person asserts their right to remain silent, the police must automatically stop right then. If the prosecution seeks to introduce a statement obtained from a suspect who had initially invoked his right to remain silent, ___ ____ ____ _______ that his right to remain silent was scrupulously honored.
it must be demonstrated
91
If a person asserts their right to remain silent, the police must automatically stop right then. If the prosecution seeks to introduce a statement obtained from a suspect who had initially invoked his right to remain silent, it must be demonstrated ____ ____ ______ ____ _____ _____ was scrupulously honored.
that his right to remain silent
92
If a person asserts their right to remain silent, the police must automatically stop right then. If the prosecution seeks to introduce a statement obtained from a suspect who had initially invoked his right to remain silent, it must be demonstrated that his right to remain silent was _______ _______.
scrupulously honored
93
If a person asserts their right to remain silent, the police must automatically stop right then. If the prosecution seeks to introduce a statement obtained from a suspect who had initially invoked his right to remain silent, it must be demonstrated that his right to remain silent was scrupulously honored. ___ ____ _____ ____ ____ ____ ____:
1. Original interrogation immediately ceased.
2. Passage of time
3. New warnings and waiver
4. Questioning about different crime
5. Questioning by different officers
6. Questioning at different locations
the first three factors must be met.
94
If a person asserts their right to remain silent, the police must automatically stop right then. If the prosecution seeks to introduce a statement obtained from a suspect who had initially invoked his right to remain silent, it must be demonstrated that his right to remain silent was scrupulously honored. The first three factors must be met:
1.
2.
3.
4.
5.
6.
1. original interrogation immediately ceased
2. passage time
3. new warnings and waiver
4. questioning about different crime
5. questioning by different officers
6. questioning at different locaitons
