Criminal Procedure- MBE

What must be done for hte police to reinitiate questioning once a detainee has invoked his right to remain silent?

(1) The police must have ceased questioning immediately upon the detainee's request and did not resume questioning for several hours; (2) the detainee was given a fresh set of Miranda rules; (3) the questioning was limited to a crime that was not the subject of earlier questioning.

T/F: Telling a suspect, whom the police know is trying to repair a rocky relationship with his estranged son and that the son would want him to confess is not "interrogation" for Miranda purposes.

False. It is! The term interrogation includes an police tactic that officers should know is likely to elicit an incriminating response. It is not limited to direct questioning. Preying on sensitivity if therefore considered questioning.

Can voluntary detention constitute custody?

No, never.

In order to be considered "in custody" for Miranda purposes a person must be:

involuntarily detained.

What are the rights under Miranda:

(1) detainee has a right to remain silent; (2) anything she says can be used against the detainee in court; (3) she has the right to the presence of an attorney; (4) if she cannot afford an attorney, one will be appointed for the detainee if she desires.

Give an example of the independent source doctrine?

(Police officers perform a UC search of a building, find contraband, do not seize it, and later return to the building with a valid warrant based on information totally unrelated to the constitutional search.)

If a detainee invokes his Miranda right to counsel, the police *may/may not* question him about an unrelated claim.

*May not*. (Note: distinguish this situation to one where the defendant invokes his *right to remain silent*. There, police may reapproach and question him about an unrelated crime).

T/F: miranda warnings must be given before a parolee meets a parole officer.

false. They need not be given when a parolee meets with a parole officer.

Distinguish between a *search* and an *arrest* warrant.

A search warrant allows a search and an arrest allows a search. However, remember that these can incorporate both.

True/False: Miranda warnings are not required before questioning when a defendant meets with a psychiatrist for a state-ordered examination.

False. Miranda warnings are required before questioning when a defendant meets a psychiatrist for a state-ordered examination.

When is a person technically in custody?

It depends on whether his freedom of action is denied in any significant way. This is an objective test- whether a reasonable person under the circumstances would think he is in custody.

Miranda warnings _______ need to be given before a suspect is interrogated by a civilian working for the police.

May. This all depends on whether the suspect knows this person is employed with the police.

Under Miranda, are you entitled to know the charges against you as a detainee when you are arrested?

No. You must only be told that you have a right to counsel, that anything can be used against you in court, that you have the right to remain silent.

Unless waived, the Fifth Amendment right to counsel under Miranda arises whenever _________.

There is custodial interrogation by someone known to be a police officer.

T/F: A confession obtained in violation of Miranda may be used at trial for impeachment purposes.

True.

T/F: the term "interrogation" includes any police tactic that officers should know is likely to elicit an incriminating response.

True.

When does the sixth amendment right to counsel attach?

When adversary judicial proceedings have commenced. This includes when interrogations begin.

When does jeopardy attach?

When the jury is sworn in. However, there is an exception when it ends in a hung jury. In such a case jeopardy hasn't attached.

Under the Miranda Rule, if a detainee makes an unambiguous request for counsel, the police must:

immediately cease questioning. The police may continue questioning, however, if the detainee makes an *ambiguous* request for counsel.

If a suspect invokes his right to remain silent, the police may:

reinitiate questioning only if they scrupulously honor the request to remain silent.

Unless waived, the Fifth Amendment right to counsel under Miranda arises whenever:

there is custodial interrogation by someone known to be a police officer.