Evidence Ch. 15

If the police question a suspect who is in custody without correctly administering the Miranda warnings, all subsequent statements made by the suspect will be inadmissible in court.

False

Miranda warnings are required when officers stop and question a suspect based on reasonable suspicion.

False

Miranda warnings must be given at the time a suspect is arrested and taken into custody.

False

Police violate the suspect's Miranda rights if they do not immediately obtain an attorney for the suspect when he/she asks for one.

False

Prior to questioning a suspect who is in custody, the police must obtain the suspect's explicit consent to talk to them.

False

The Fifth Amendment can be used as grounds to refuse to give a voice exemplar.

False

The Miranda warnings must be given to the suspect in the exact language used by the Supreme Court in the Miranda decision.

False

The defendant invokes the privilege against self-incrimination at trial by claiming the Fifth Amendment in response to each question.

False

A person can invoke a Fifth Amendment right to refuse to participate in a field sobriety test:

Fifth Amendment rights can be invoked if the person is asked about how much alcohol he or she has consumed.

A person who has been given immunity can invoke the Fifth Amendment privilege against self-incrimination:

For crimes not covered by transactional immunity.

In which of the following situations can a person successfully invoke the Fifth Amendment as a reason not to cooperate:

None of these can be refused based on the Fifth Amendment.

The Miranda warnings are required during booking:

Not required when booking officer asks for name of person to contact in case of an emergency.

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.

Once the statute of limitations has run on a crime:

The person who committed it cannot invoke the Fifth Amendment in order to refuse to testify about it.

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.

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.

A person who is subpoenaed to testify in a criminal trial (not a defendant) can invoke the Fifth Amendment privilege 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.

If a suspect invokes 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 custodial interrogation:

Police must stop questioning, but may return several hours later and ask the suspect to waive his/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 your Fifth Amendment rights.

If a suspect who is being subjected to custodial interrogation requests an attorney, the police must:

Stop questioning immediately.

If the defendant takes the witness stand and lies:

The judge can add an enhancement to the defendant's sentence due to the fact he/she committed perjury while on the stand.

If Miranda warnings are given correctly and the suspect does not invoke his/her rights, officers may conduct more than one interrogation session without giving Miranda warnings again.

True

If a suspect invokes the right to have an attorney present during questioning, the police must not attempt to persuade the suspect to continue the questioning without an attorney present.

True

Miranda warnings are not required when a suspect is questioned by an undercover police officer posing as a cellmate.

True

Miranda warnings are required prior to both direct and indirect questioning of a suspect who is in custody.

True

The fact that the suspect invoked his/her Miranda rights by refusing to talk to the officers does not mean that the officer cannot attempt to question the suspect at a later time.

True

The privilege against self-incrimination can only be invoked if the suspect could be charged in criminal court as a result of statements made.

True

The privilege against self-incrimination only applies to testimonial communication.

True

Volunteered statements are admissible even though Miranda warnings were not given.

True