Flashcards in Statements - Chapter 7 Deck (19)
What must co-exist before a Miranda Warning must be given?
1. Custody 2. Interrogation
What two requirements are needed for "custody" to exist?
1. The suspect has been formally arrested
2. The suspect must personally be aware of his lack of freedom
If an officer is to tell a suspect that they are not going to arrest a suspect, what could that do to the suspect's statement?
It would make the statement involuntary and therefore inadmissible.
True or False, a person stopped for a traffic violation is considered to be in custody of the officer?
False, a traffic stop is although considered a seizure it is however not considered form of custody
What is the definition of "Interrogation?"
Any direct or "expressed" questioning about the crime being investigated.
What is "direct questioning?"
The questions are reasonably likely to elicit an incriminating response from the suspect.
Miranda Warning may be waived by what 2 types of waivers?
Expressed Waiver and Implied Waiver
What is an "expressed waiver?"
When the suspect gives the officer an affirmative response
What is an "implied waiver?"
After Miranda advisement, the suspect indicates he understands his rights and they indicate through actions that they intend to waive them.
What 3 things must exist in a Miranda Warning?
An officer has a statutory duty to permit a lawyer to visit his client when 4 things exist, what are they?
1. The suspect is arrested
2. The person asking for the visit is currently licensed to practice law
3. The lawyer personally shows up where the arrestee is
4. The lawyer is there at the request of the arrestee or relative
True or False, Miranda Rights can be invoked by a parent or attorney?
False, miranda rights are personal
True or False, If a suspect invokes their miranda rights to remain silent or have the presence of an attorney about one offense, officers may ask questions about a completely separate offense?
False, invoked miranda rights applies across the board.
If a suspect invokes his rights to remain silent, as opposed to his right to counsel, there is no absolute prohibition against coming back and trying again when 3 things exist.
1. There is re-advisement of rights and a valid waiver.
2. Substantial time has passed (a few days)
3. Questions concern a different crime.
True or False, an officer has an obligation to advise a minor that he has a right to contact his parents or have them present during questioning?
False, no such right exists
What are the 5 rules of the 6th Amendment?
1. Right to counsel has not been attached, then all an officer must worry about is Miranda Rights
2.A defendant can always initiate contact with Police and waive their 6th amendment right.
3. After the right to counsel has been attached, you are generally prohibited from initiating contact with a defendant outside the presence of their attorney.
4. Undercover operators are included
5. The right is offense specific.
What are the 4 exceptions to the 5 rules of the 6th Amendment?
1. Questioning about other crimes is okay
2. Defendant initiated contacts are usually okay
3. Undercover officer or agent passively listens
4. Information from a non-agent is okay as long as they are not acting on behalf of the police
What are the 4 rules of Miranda Rules (5th Amendment)?
1. Both custody and interrogation must exist at the same time.
2. The Miranda must be Voluntary
3. The subsequent statements must be voluntary
4. Invocation requires the stop of all questioning.