66 Questions
What happens if a suspect invokes the right to remain silent after being Mirandized?
Police may resume questioning after a significant period of time, if the suspect is reminded of the Miranda rights.
What is required when a suspect invokes their Miranda rights but later reinitiates communication?
The officer must remind the suspect of their Miranda rights.
What is referred to as questioning initiated by law enforcement officers?
Interrogation
What is an example of a routine booking question that does not constitute interrogation?
What is your name and address?
What happens if a suspect makes an uncoerced statement to the police after being Mirandized?
The suspect waives their right to remain silent.
What is the term for words or actions on the part of the police that should reasonably expect to elicit an incriminating response?
Functional equivalent
What is the criteria used by the Court to determine whether Miranda applies?
What circumstances surround the interrogation and whether a reasonable person would have felt he or she was not at liberty to terminate the interrogation.
What happens if a suspect has been brought into custody on one criminal charge and waives their Miranda rights?
Law enforcement officers may question the suspect on unrelated crimes without re-administering Miranda.
What is not considered an interrogation?
An officer's request for consent to a search.
What is the case that ruled that a suspect who initiated a new conversation about two hours after invoking their right to remain silent, and was reminded of their Miranda rights, made an admissible statement?
Ahedo v State
When can a court conclude that the Miranda rights have been waived?
If the totality of the circumstances reveal an uncoerced choice and the requisite level of comprehension
What happens if the accused indicates they wish to consult with an attorney during an interrogation?
Questioning must cease immediately
Can the accused terminate an interrogation at any stage?
At any stage of the interrogation
What happens if the accused initiates further communication with the police after invoking their right to counsel?
The police can continue questioning the accused
What is the ruling in the Minnick v. Mississippi case?
The accused must be provided with an attorney during questioning
What happens after a 14-day break in custody?
The Edwards Rule no longer applies
What constitutes an unequivocal request for counsel?
Asking to see a lawyer
What happens if the accused invokes their right to remain silent?
Questioning must cease immediately
When can a confession or admission obtained during custodial interrogation be excluded?
If the accused's rights to remain silent or consult with a lawyer are violated
What is the ruling in the Davis v. U.S. case?
The accused's statement 'Maybe I should talk to a lawyer' is not a request for counsel
What is the requirement for police after reading a suspect their Miranda rights?
To make a good faith effort to answer any bona fide questions the suspect may ask
What is the outcome if a suspect's un-Mirandized statements are voluntary?
They are admissible
What is the two-step interview technique?
A technique where officers first deliberately interview the suspect without reading the Miranda rights and then use the information obtained to direct questioning during a subsequent interview
What is the effect of an illegal arrest on subsequent confessions or admissions?
They are inadmissible unless intervening events break the causal connection between the illegal arrest and the confession
What is the outcome if an uncorroborated confession is obtained by a law enforcement officer?
It cannot, without more, sustain a conviction
What is the effect of a Miranda interrogation by police after the person signs a claim of rights form at or shortly before a first appearance hearing?
It is valid
How can a defendant show that their statement was involuntary?
By showing that actual physical or psychological force was used on them to coerce the confession
What is the rationale behind the requirement that police make a good faith effort to answer any bona fide questions a suspect may ask after being read their Miranda rights?
To provide an opportunity for the suspect to ask questions and clarify any misunderstandings
What is the significance of the case of Almeida v. State?
It established that the police failed to provide an answer to the suspect's bona fide question, making the waiver invalid
What is the outcome if the police use a two-step interview technique?
The subsequent confession is inadmissible because it violates the Miranda requirement
What is the primary right guaranteed to an accused person under the Fifth Amendment?
The right to remain silent
What is the term used to describe questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way?
Custodial interrogation
What is the significance of the Florida v. Powell case in 2010?
It established the right to have an attorney present during interrogation
What is the requirement for a waiver of Miranda rights to be valid?
It must be made with a full awareness of both the nature of the right and the consequences of the decision
What is one of the factors considered by the court in determining the validity of a waiver of Miranda rights?
The suspect's age, experience, background and intelligence
What is the purpose of giving a suspect the Miranda warning?
To inform the suspect of their rights and ensure they are aware of the consequences of waiving them
What is the significance of the Ramirez v. State case in 1999?
It clarified the requirements for a valid waiver of Miranda rights
What happens if a suspect waives their Miranda rights?
Any statement they make can and will be used against them in a court of law
What is a factor that a court considers when determining the voluntariness of a juvenile's confession?
The age, experience, background, and intelligence of the child
What is required of a person taking a child into custody?
To attempt to notify the child's parents, guardian, or legal custodian
What is the consequence if a juvenile indicates to police that they do not wish to speak to them until they have had an opportunity to speak with their parents?
The questioning must cease
Is there a constitutional requirement that police notify a juvenile's parents prior to questioning the juvenile?
No, there is no constitutional requirement
What happens if the child is delivered to a juvenile probation officer before the parent, guardian, or legal custodian is notified?
The juvenile probation officer must continue the attempt to notify the parent, guardian, or legal custodian
What is required of a parent or guardian after being notified of their child's custody?
To provide identifying information to the police
What is the consequence of an officer's failure to contact a juvenile's foster parents?
It is not considered improper coercive police conduct if the juvenile did not mention the foster parents
What is considered in determining whether a juvenile's waiver of Miranda rights was voluntary?
The age, experience, background, and intelligence of the child
What is the rule regarding imprisonment and Miranda warnings?
Imprisonment alone does not constitute custody under Miranda
What is the consequence of a juvenile's request to speak with their parents prior to giving a statement?
The questioning must cease
When can a prisoner be questioned about events unrelated to his incarceration without being read Miranda warnings?
When the interview occurs in a well-lit, non-intimidating room and the prisoner is offered food or water
At what stage of the criminal justice process does the Sixth Amendment right to counsel attach?
At the initiation of the prosecution
What is the difference between the Sixth Amendment right to counsel and the Miranda Fifth Amendment right to counsel?
The Sixth Amendment right is offense-specific, while the Miranda right is not
What happens if a suspect is questioned about an offense that is factually related to the offense for which the Sixth Amendment right has attached?
The suspect can be questioned without counsel present, as long as the offenses are not the same for Double Jeopardy purposes
What is required for a valid waiver of the Sixth Amendment right to counsel?
The suspect must be informed that an attorney is trying to reach him or her
When can police 'deliberately elicit' incriminating statements from a suspect?
Even when their conduct does not rise to the level of 'interrogation'
What happens if a suspect is questioned about an offense for which the Sixth Amendment right to counsel has attached?
The suspect cannot be questioned without counsel present
What is the significance of the initiation of the prosecution in the context of the Sixth Amendment right to counsel?
It marks the point at which the Sixth Amendment right to counsel attaches
What renders a subsequent statement involuntary in Fulmionte, 499 U.S. 279 (1991)?
A credible threat of physical violence
In Lynumm v. Illinois, 372 U.S. 528 (1963), what made the defendant's confession involuntary?
The police told her that her state financial aid would be cut off and her six children taken from her unless she 'cooperated' with them
What is the result of obtaining a confession as a result of a direct or implied promise of benefit or leniency?
The confession is involuntary and inadmissible
In Samuel v. State, 905 So.2d 271 (Fla. 4th DCA 2005), what did the officer do to render the defendant's subsequent statements involuntary?
The officer misled the defendant by telling him that police were potentially going to charge him with 15 robberies
What can police use to obtain a Miranda waiver?
None of the above
In U.S. v. Patone, 542 U.S. 630 (2004), what was held to be admissible?
Physical evidence discovered as a result of the suspect's unMirandized statements
In New York v. Quarles, 467 U.S. 649 (1984), what was not required before asking the suspect 'Where's the gun?'?
Reading the suspect their Miranda rights
What was the situation in Benson v. State, 698 So.2d 333 (Fla. 4th DCA 1998)?
The officer asked the defendant how much crack cocaine he had swallowed without first reading him the Miranda warnings
What is the result of a confession obtained through a direct or implied promise of benefit or leniency?
The confession is involuntary and inadmissible
What can render a defendant's statement involuntary?
A promise of leniency
Study Notes
Miranda Rights
- In Miranda v. Arizona (1966), the Supreme Court ruled that under the Fifth Amendment, an accused person has the right to remain silent and the right to an attorney during custodial interrogation.
- Custodial interrogation is defined as questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of their freedom of action in any significant way.
Administration of Miranda Rights
- The accused must be warned that they have the right to remain silent and that any statement they make can and will be used against them in a court of law.
- The accused must also be informed of their right to have an attorney present during questioning.
- The warning given must convey that the suspect has the right to have an attorney present not only at the outset of interrogation but also at all times (Florida v. Powell, 559 U.S. 50 (2010)).
Waiver of Miranda Rights
- The accused may waive their Miranda rights, but the waiver must be made voluntarily, knowingly, and intelligently.
- The court will examine the totality of the circumstances surrounding the waiver, including:
- The manner in which the Miranda rights were administered.
- The suspect's age, experience, background, and intelligence.
- Whether the suspect was given a chance to contact their parents (if a juvenile).
- Whether the questioning occurred in the station house.
- Whether the police secured a written waiver from the suspect at the outset of the interrogation.
Invocation of Right to Counsel
- If the accused indicates in any manner, and at any stage of the interrogation, that they wish to consult with an attorney, questioning must cease immediately (the "Edwards Rule").
- The accused may invoke their right to counsel even after making some statements (Edwards v. Arizona, 451 U.S. 477 (1981)).
- If the accused initiates further communication with the police, the interrogation cannot be reinitiated (Wilder v. State, 40 So. 3d 804 (Fla. 1st DCA 2010)).
Invocation of Right to Remain Silent
- If the accused invokes their right to remain silent, police may resume questioning after a significant period of time, if the accused is reminded of their Miranda rights.
- The questioning should concern a different topic than the earlier questioning.
Un-Mirandized Statements
- Voluntary, un-Mirandized statements made by the accused may be admissible in court, even if made after the Miranda rights are read.
- However, police may not circumvent the Miranda requirement by using a "two-step" interview technique.
Admissibility of Confessions
- A confession obtained as a result of a direct or implied promise of benefit or leniency is involuntary and inadmissible.
- A confession obtained through deception or misinformation is also involuntary and inadmissible.
- However, merely informing the defendant of realistic penalties for the offense under investigation will not render a subsequent confession inadmissible.
Juveniles
- In determining whether a juvenile's waiver of Miranda rights was voluntary, a court will consider:
- The methodology employed to administer the Miranda rights.
- The age, experience, background, and intelligence of the child.
- Whether the parents were contacted and whether the child had an opportunity to speak with them prior to giving the statement.
- Whether the questioning occurred in the station house.
- Whether the child executed a written waiver of rights.
- There is no constitutional requirement that police notify a juvenile's parents prior to questioning the juvenile.### Juvenile Confessions
- There is no constitutional requirement for police to notify a juvenile's parents prior to questioning.
- If a juvenile requests to speak with their parents before questioning, the questioning must cease.
- If a juvenile does not request to speak with their parents, police are not required to extend the opportunity.
Custodial Interrogation
- Imprisonment alone does not constitute custody under Miranda.
- The determination of custody should focus on all features of the interrogation, including the environment and the behavior of the officers.
- Miranda warnings are not necessary when questioning an inmate about events unrelated to their incarceration, as long as certain conditions are met.
Conditions for Non-Custodial Interrogation
- The interview occurs in a well-lit, non-intimidating room.
- The inmate is offered food or water.
- The inmate is not threatened or physically restrained.
- The inmate is clearly advised that they can end the interview at any time.
Sixth Amendment Right to Counsel
- The Sixth Amendment right to counsel attaches when the criminal justice process reaches a critical stage, such as formal charges, preliminary hearing, indictment, or arraignment.
- Once the right attaches, police may not deliberately elicit incriminating statements from the suspect outside the presence of their counsel.
- The Sixth Amendment right to counsel is offense-specific, meaning it only applies to the specific charge for which it was invoked.
- Suspects can be questioned about other offenses for which the Sixth Amendment right has not yet attached without violating this provision.
Comparison to Fifth Amendment Right to Counsel
- The Fifth Amendment right to counsel is not offense-specific, meaning it applies to all crimes.
- If a suspect invokes their Fifth Amendment right to counsel, they cannot be questioned about any offense without counsel present.
- Unlike the Sixth Amendment right to counsel, a waiver of the Fifth Amendment right to counsel is valid even if police fail to inform the suspect that an attorney is trying to reach them.
This quiz covers the Supreme Court's decision in Miranda v. Arizona, which guarantees the right to remain silent during custodial interrogation. Learn about the implications of the Fifth Amendment on law enforcement questioning. Legal Guideline #13
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
