ch 15
the miranda warnings are required during booking
Not required when booking officer asks for name of person to contact in case of an emergency
miranda warnings are not required
During a field interview based on reasonable suspicion (Terry stop) When an inmate is questioned by an inmate/informant When an inmate is questioned by an undercover officer All of these are situations in which Miranda warnings are not required
the fifth amendment privilege against self incrimination applies to
all forms of testimonial evidence
a person who has been acquitted of a crime
cannot not claim the fifth amendment privilege against self incrimination because double jeopardy prevents him/her from being charged for that crime again
A person can invoke the fifth amendment right to refuse to participate in a field sobriety test
fifth amendment rights can be invoked if the person is asked how much alcohol he or she has consumed
a person who has never been given immunity can invoke the fifth amendment privelege against self-incrimination
for crimes not covered by transactional immunity
if a suspect was arrested and questioned in violation of miranda, a voluntary statement obtained during a subsequent interrogation session will be admissible at trial
if miranda warnings were given correctly prior to the second interrogation session, the fruit of the poison tree analysis will be used to determine if they are admissable
a person who is subpoenaed to testify in a criminal trial(not a defendant) can invoke the fifth amendment privelege against self incrimination by
invoking the fifth amendment in response to specific questions
the standard for a waiver of miranda right is
knowing, intelligent, and voluntary
when advising a suspect of the miranda rights
officers must make sure that the suspect understands the Miranda warnings even if this means explaining them in simple language.
if a suspect incokes the miranda rights to an attorney during custodial interrogation
police may not question the person again without an attorney present
if a suspect invokes the miranda right to remain silent during a custodial interrogation
police must stop questioning, but may return several hours later and ask the suspect to waive his or her rights
when are the police required to give miranda warnings
prior to custodial interrogation
how is the privilege against self incrimination invoked prior to arrest
refuse to answer questions and tell the officers that you are claiming fifth amendment rights
which of the following would be considered a volunteered statement for purposes of miranda
statement a personn makes before police initiate questioning
if a suspect who is being subjected to custodial interrogation requestss an attorney, the police must
stop questioning immediately
the first miranda warning states: you have the right to remain silent. this right applies
the fifth amendment right to remain silent applies to questioning by federal agents but does not apply to actions by state law enforcement agents
if the defendant takes the witness stand and lies
the judge can add an enhancement to the defendants sentence due to the fact he/she commited perjury while on the stand
once the statute of limitations has run on a crime
the person who commited it can invoke the fifth amendment in order to refuse to testify about it
in which of the following situations can a person successfully invoke the fifth amendment as a reason not to cooperated
Blood alcohol test Participating in a line-up Providing a handwriting exemplar None of these can be refused based on the Fifth Amendment
