Chapter 7

Berkemer v. McCarthy - 1984

◊ In a traffic stop, the officer does not have to give Miranda warnings before asking questions

Calif. v. Beheler - 1983

◊ If a suspect comes to the police station voluntarily, then while they are there they can be interrogated (not custodial interrogation so no need to worry about psychological coercion)

Salinas v. Texas - 2013

◊ Suspect who was not in custody and not given his Miranda warnings (but not in custody so do not have to be warned) ◊ Voluntarily asked some questions about a murder case ◊ Officer asked about ballistics matching, guy went silent ◊ Can silence be used against him in trial (be introduced as evidence) ◊ 5—4 majority said silence could be used against him ◊ Unless at trial, right to remain silent must be invoked affirmatively (say it); but since he did not affirmatively invoke this right, his silence could be used against him

Malloy v. Hogan - 1964

◊ The Supreme Court had the right against self-incrimination applied to the states

Dickerson v. United States - 2000

◊ Upheld the requirement that the Miranda warnings be read to criminal suspects and struck down a federal statute that purported to overrule Miranda v. Arizona

Miranda v. Ariz. - 1966

◊ Voluntariness ◊ Prior to custodial interrogation, a suspect must be given the warnings by police that were spelled out word for word in this case

Texas v. Cobb - 2001

◊ "Specific Offense Rule" ◊ Break in and murder ◊ Police had suspect and began to question him about the specific murder ◊ Guy said wanted lawyer ◊ Police then stopped questioning him about murder and then moved on to the break in ◊ Supreme Court said invocation of right to counsel is offense specific (even if offenses are tied to the same crime)

Davis v. United States - 1994

◊ Guy attempted to invoke his right to counsel (said "maybe I should have a lawyer") ◊ Court said this was too ambiguous ◊ Now not only does silence not invoke this right, clarity also is a factor

Maryland v. Shatzer - 2010

◊ Guy in prison was a suspect in another crime ◊ Brought to another room where police were waiting for him and read him his rights ◊ Guy said he wanted a lawyer, so police stopped questioning him and left; guy taken back to his cell ◊ Two weeks later, the police came back and questioned him again ◊ He agreed to talk (without a lawyer) ◊ Court said environment in interview room was different environment than prison cell ◊ Supreme Court said it was an acceptable voluntary waiver of his rights

Rhode Island v. Innis - 1990

◊ Guy was arrested and then locked in the back of a police car ◊ Police went back and forth in conversation ◊ Supreme Court said the police did not know that their conversation would elicit a response, so no Miranda rights needed to be given

Minn. v. Murphy - 1984

◊ No requirement of Miranda warnings for person on probation being questioned by police like their probation officer

Michigan v. Mosley - 1975

◊ Once the police have given someone a warning and the person has invoked their right to remain silent, the police can give a new warning and ask them about another crime ◊ And as long as it does not appear as if the officer is badgering the person and wearing them down, then can rewarn them of their rights and ask them about the same case again

Moran v. Burbine - 1986

◊ Police are able to engage in deceptive tactics and tricks ◊ Police are able to lie to defendant and defendant's lawyer

Berghuis v. Thompkins - 2010

◊ Police were interrogating a suspect given Miranda warnings ◊ Sat silent for many hours while being interrogated? ◊ Has he invoked his right to stay silent by sitting silently? ◊ Supreme Court said sitting silently does not invoke his right to counsel; need to unambiguously say you want this right

Duckworth v. Eagan - 1989

◊ Supreme Court said giving the Miranda warnings incorrectly is okay ◊ Case where the officer said "if and when you go to court an attorney will be appointed" when it should be that the attorney will be appointed before the person goes to court

Illinois v. Perkins - 1990

◊ Suspect in jail cell ◊ Officer dressed as an arrestee put in jail cell ◊ No Miranda warning for custodial interrogation by an undercover officer