5ht Amendment /Miranda Warnings

What would results from the Miranda Violations?

Miranda violations results only in suppression of the defendant's statement at the trial and not suppression derived therefrom.

Can the length of the interrogation render the waiver involuntary?

The length of the interrogation without more does not render the waiver involuntary.

What the suspect must do to invoke the right to remain silent or to a counsel under the fifth amendment?

The suspect must unambiguously or unequivocally invoke the rights.

What are some examples of questioning that do not require Miranda Warnings?

Where the defendant is questioned after voluntarily entering a police station, by an IRS agent or probation officer, on the phone, during a brief traffic stop or stop and frisk before the D is placed under arrest.

Can a prosecutor use or refer to the defendant's post miranda silence at trial?

A prosecutor may not use or refer to D's post Miranda silence at trial.

Can a prosecutor use or refer to the defendant's pre arrest silence during non custodial questioning?

A prosecutor may use or refer to the defendant's pre arrest silence during non custodial questioning as an adoption admission. The DA is permitted to offer the defendant's silence to the jury on the DA direct case and can claim that an innocent would immediately denied involvement in the crime.

How a waiver is not voluntary?

A waiver is not voluntary if is the product of threat or violence, or false promise likely to produce a confession.

Who must be given Miranda Warnings?

Anyone subjected to custodial interrogation must be given Miranda Warnings regardless of the severity of the crime.

What is custodial interrogation?

Custodial interrogation is questioning reasonably likely to elicit an incriminated response, that is, it is initiated by the law enforcement after the person is taken into custody. It is questioning under circumstance in which a reasonable prudent person objectively will believe that she was no free to leave.

What would happen if the Miranda Warnings are not given or are inadvertently committed by the police and the D incriminate himself?

If the Miranda Warnings are not properly given or are inadvertently committed by the police and the defendant incriminate himself that first confession is not admissible.

What would happen if the miranda warnings are not properly given?

If the Miranda warnings are not properly given the charges are not automatically dismissed but any incriminating statements may not be used against the D in a criminal trial.

If the confession obtained in violation of the Miranda Warnings is admissible to impeach the defendant?

If the confession was coerced, then cannot be used for any purpose even impeachment.

What would happened if from the statements derived from the Miranda violations the police found more evidence?

If the defendant's illegal confession leaves the police to another witness's testimony or to real evidence, these evidences will be admitted.

What would happen if the police officer correct the error and properly administer the Miranda Warnings?

If the police officer correct the error and properly administer the Miranda Warnings this second confession may be used against the defendant as long as the waiver is knowingly and voluntary.

Can deception be permissible?

Mere deception is permissible if is not render the confession fundamentally unfair.

When Miranda Warnings are not required?

Miranda Warning are not required when government questioning defendant who is not in custody.

What the police needs to inform when giving Miranda Warnings?

Miranda Warnings requires the police to clearly inform the defendant before custodial questioning, the defendant has the right to remain silent, anything the defendant says can be used against the D in court, the defendant has the right to have an attorney present during interrogation and if the defendant cannot afford counsel the state can pay for an attorney.

What the Supreme Court has held in reference to the Miranda Warnings and police protocol?

The Supreme Court has held that if the police regularly follow a protocol of persistently and deliberately question the defendant without first giving Miranda Warnings and then once the confession is obtained then quickly give the Miranda, the second confession will be suppressed as well as the first.

Do the Miranda Warnings has to be exactly a verbatim?

The warnings do not have to be exactly verbatim as long as they clearly inform the defendant of her rights before custodial interrogation begins.

How is this test?

This test is objective and does not consider subject in mindset. However, an infant's age may be considered.

How to determining whether a suspect is in custody?

Whether a suspect is in custody is to be determined by examining the totality of the circumstances including how an innocent reasonable person will perceive is free from leave.

If the confession is obtained in violation of the Miranda Warnings is admissible under the public safety or emergency exception?

Yes is admissible under the public safety or emergency exception. The police may question a suspect in custody without issuing a miranda warning about the location of the missing weapon or kidnapped victim for the protection of the police and public.

If the confession obtained in violation of the Miranda Warnings is admissible to impeach the D?

Yes the confession obtained in violation of the Miranda Warnings is admissible to impeach the defendant if the defendant takes the stand to testify, but not as evidence in chief or to impeach other defense witness.

Can the suspect voluntary waive his miranda rights?

Yes, if the right to counsel is not yet attached the suspect may voluntarily waive his Miranda rights.