Miranda's Const Status

Question 1

There is a ____ exception to Miranda

Answer 1

public safety (reasonably prompted)

Question 2

In making a public safety exception to Miranda, we don’t ___

Answer 2

look at subjective intent of officer (Quarles)

Question 3

Using a defendant’s ______ violates due process (Doyle)

Answer 3

post-arrest silence following Miranda warnings to impeach at trial

Question 4

You can use _____ to impeach at trial (Jenkins)

Answer 4

pre-arrest silence

Question 5

Patane says Miranda doesn’t extend to supress __

Answer 5

physical fruit of voluntary statement even if statement unwarned

Question 6

Seibert factors in evaluating 2-step interrogations

Answer 6

• completeness/detail of 1st and 2nd rounds of questioning
• overlap/reference to 1st round
• timing/break
• same setting and/or different officer

Question 7

If the 2 step process was unintentional ____

Answer 7

go to voluntariness inquiry

Question 8

If the 2-step process was intentional, then ask if __

Answer 8

curative measures taken (if not suppress post-warning statements)

Question 9

Examples of curative measures

Answer 9

• break in time and circumstnaces
• additional warning

Question 10

If in a 2-step interrogation the first statement was involuntary then _____

Answer 10

neither 1st or 2nd statement admissible because due process violations have fruits

Question 11

Case that implies Miranda not a right just prophylactic

Answer 11

Tucker

Question 12

Quarles facts

Answer 12

assaulted smo then ran into grocery store, when police caught him empty shoulder holster so before giving Miranda warnings asked where gun was

Question 13

Quarles says here there was immediate necessity in ___

Answer 13

knowing where the gun was

Question 14

Marshall dissents in Quarles to say ___

Answer 14

situation under control, abandons clear Miranda guidelines

Question 15

For Quarles still have to consider ___

Answer 15

whether statement voluntary

Question 16

Language from Quarles

Answer 16

kaleidoscopic concern for public safety

Question 17

Arrested in parking lot after buy sting. Put hands behind back, pushc forcefully against car and say in loud voice do you have anything on you that could harm me or someone on the team. He says he has gun in pocket and then when asked anyone else on person he says drugs in car and that’s it. First statement?

Answer 17

unimportant bc search incident to arrest could’ve testified to it

Question 18

Arrested in parking lot after buy sting. Put hands behind back, pushc forcefully against car and say in loud voice do you have anything on you that could harm me or someone on the team. He says he has gun in pocket and then when asked anyone else on person he says drugs in car and that’s it. Second statement not admit?

Answer 18

Planned arrest so not public safety exception
Situation also under officer control
Many people have needles in pockets so would then apply to every arrest
Not voluntary bc arrested/restrained/asked repeatedly, more coercive than station house

Question 19

Arrested in parking lot after buy sting. Put hands behind back, pushc forcefully against car and say in loud voice do you have anything on you that could harm me or someone on the team. He says he has gun in pocket and then when asked anyone else on person he says drugs in car and that’s it. Second statement admit?

Answer 19

Clear Quarles public safety exception (2nd circuit didn’t even address voluntariness)

Question 20

After Quarles likely that Innis or hostage hypo ___

Answer 20

not a Miranda case but a public safety exception

Question 21

Info that unbeknowst to D, the heroin laced with chemical serious threat to those who used it. Find D, put under arrest but empty-handed. Officers don’t Miranda and ask where brown suitcase with drugs is. D responded in alley.

Answer 21

Public safety exception (depending on how sure they are that heroin is tainted)

Question 22

Man seen beating woman in public. Police arrive and speak to 3 witnesses and then one witness points to approaching car. Woman gets out of car and runs to police. Police stop man and ask to get out of car and frisk him, no gun. In “bad” neighborhood, see potential gang member in car. See gang member with knife and group of people. Officer asks to search trunk and given ambiguous answer. Officer then asks if gun in trunk and man responds affirmatively.

Can they detain the man?

Answer 22

Yes, PC witnesses say observed crime

Question 23

Man seen beating woman in public. Police arrive and speak to 3 witnesses and then one witness points to approaching car. Woman gets out of car and runs to police. Police stop man and ask to get out of car and frisk him, no gun. In “bad” neighborhood, see potential gang member in car. See gang member with knife and group of people. Officer asks to search trunk and given ambiguous answer. Officer then asks if gun in trunk and man responds affirmatively.

Miranda concerns?

Answer 23

• Not typical roadside stop bc stopped at gunpoint so probably custody
• Probably not kaleidoscopic bc unlikely will get out of trunk and cause harm (but 9th circuit disagreed)

Question 24

Hypo: What if someone kidnapped and police trying to find that person and have smo in custody. Is urgent concern to find victim a public safety exception?

Answer 24

• Diff than Quarles bc outside kaleidoscopic scene of arrest and in custody

Question 25

Hypo: What if someone kidnapped and police trying to find that person and have smo in custody. What would make this an easier public safety exception case?

Answer 25

ticking time bomb

Question 26

Elstad facts

Answer 26

made incriminating statements before Miranda, after statements given Miranda and gave written confession

Question 27

Elstad said _ was admissible

Answer 27

post-warning confession

Question 28

Why did Elstad find a "simple Miranda violation?

Answer 28

officer just mistaken in not warning, separated from mother for a few minutes

Question 29

Dickerson says that Miranda is ___

Answer 29

constitutional decision Congress cannot legislatively supersed bc incorporated to the states

Question 30

Dickerson says Congress could overturn Miranda if ___

Answer 30

came up with something different but as effective as the warnings

Question 31

Problems with Miranda

Answer 31

- divert attention from focus on coercive police interrogation techniques - other solutions could exist like video, audio, civil observer

Question 32

Dickerson relies in part on __

Answer 32

Miranda being embedded in routine police practice and national culture

Question 33

Scalia dissent in Dickerson

Answer 33

prophylactic rules bad and if congress wants to limit not Court's job to keep rule expansive

Question 34

Scalia points out that the Rehnquist court in Dickerson won't say ___

Answer 34

A simple Miranda violation is a constitutional violation

Question 35

Harris says that if a statement was involuntary ___

Answer 35

cannot use for impeachment

Question 36

Jenkins said pre-arrest silence was impeachable because ___

Answer 36

- no state actor induced to remain silent - also failure to warn in good faith, not calculated decision to get info from D

Question 37

Seibert facts

Answer 37

Interrogating about death of teen in her car. First interrogated without warnings until she confessed. Then 20 minute back, came back and gave warnings. Second interrogation repeatedly refer to unwarned statements to get her to confirm them

Question 38

Seibert says different from Elstad because __

Answer 38

Elstad good faith Miranda mistake

Question 39

Seibert says if cannot be found that ____ then post-warning statements must be suppressed

Answer 39

Miranda warnings could function effectively in the circumstances

Question 40

Breyer concurs in Seibert to say __

Answer 40

should exclude fruits unless failure to warn in good faith

Question 41

Kennedy concurrence in Seibert asks if ___

Answer 41

deliberate two-step strategy used

Question 42

O'Connor dissents in Seibert to say __

Answer 42

do Elstad voluntariness and if involuntary see if second statement tainted by that

Question 43

Most courts have adopted the ___ Seibert approach

Answer 43

Kennedy concurrence

Question 44

Patane plurality says that Miranda does not ____

Answer 44

extend to suppress physical fruit of voluntary statement even if unwarned

Question 45

Patane says can suppress ___ but __

Answer 45

statement, not physical evidence (can't say how they found it)

Question 46

Patane says failures to warn ___

Answer 46

not 5A violations

Question 47

Souter dissents in Patane to say that __

Answer 47

there is a deterrence rationale, police may omit warnings if physical evidence at stake

Question 48

Breyer dissents in Patane to say should ___

Answer 48

exclude fruits of intentional Miranda violations but not good faith ones