CLEET - LAW - 05 - Interview / Interrogation

Identify the elements of administering the Miranda Warning

1. They have the right to remain silent 2. Anything they say can be used against them. 3. They have a right to consult an attorney and have to have an attorney present during questioning. 4. If they cannot afford an attorney, one will be appointed prior to any questioning. 5. You must ask them if they understand these rights.

Identify the rights of individuals set out in the 4th amendment of the U.S. Constitution.

4th amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized

Identify the rights of individuals set out in the 5th amendment of the U.S. Constitution.

5th amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

Identify the rights of individuals set out in the 6th amendment of the U.S. Constitution.

6th amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense

Identify situation s in which an officer's contact with a person constitutes an interview

As long as the subject is free to leave it is an interview

Distinguish between a "Confession" and an "Admission"

Confessor agrees that he has committed the crime. Admission admits elements of the crime but stops short of confessing

Identify the elements of a legal waiver of a suspects rights.

Knowingly, Intelligently, Willingly must waive rights before anything may be used in court.

Identify the purpose of the Miranda Warning

Miranda warning requires suspects be advised of their constitutional rights under the 4th, 5th, and 6th amendments which are 1. Avoid self-incrimination 2. Have the assistance of counsel prior to, or during, questioning

Identify the legal requisites for the admissibility of a confession

Was it feely offered, How voluntary was it, is it trustworthy. Did the length of interrogation exceed time limitations. Were techniques used that would have obtained a confession from an innocent person