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Questions and Answers
The Ohio Supreme Court decided that T.D.S. had waived his _______ rights knowingly, intelligently, and voluntarily.
The Ohio Supreme Court decided that T.D.S. had waived his _______ rights knowingly, intelligently, and voluntarily.
Miranda
In determining if a juvenile defendant's confession was involuntarily induced, courts should consider the standard set forth in _______.
In determining if a juvenile defendant's confession was involuntarily induced, courts should consider the standard set forth in _______.
Edwards
The totality-of-the-circumstances approach considers the _______ intensity and _______ of interrogation; the existence of physical _________or mistreatment; and the existence of threat or inducement.
The totality-of-the-circumstances approach considers the _______ intensity and _______ of interrogation; the existence of physical _________or mistreatment; and the existence of threat or inducement.
length, frequency, deprivation
The approach of totality-of-the-circumstances is adequate to determine whether there has been a _______ even where interrogation of juveniles is involved.
The approach of totality-of-the-circumstances is adequate to determine whether there has been a _______ even where interrogation of juveniles is involved.
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T.D.S. indicated he understood his rights, and answered ______.
T.D.S. indicated he understood his rights, and answered ______.
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The interrogation was on ______.
The interrogation was on ______.
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T.D.S. argued he had a low ______.
T.D.S. argued he had a low ______.
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A psychologist opined that T.D.S.’s communication skills were somewhat better than his I.Q. might ______,
A psychologist opined that T.D.S.’s communication skills were somewhat better than his I.Q. might ______,
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T.D.S. admitted during questioning at his mother's house that his behavior in school was a cause of his academic ______.
T.D.S. admitted during questioning at his mother's house that his behavior in school was a cause of his academic ______.
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T.D.S. challenged the detectives by asking the ______ about evidence.
T.D.S. challenged the detectives by asking the ______ about evidence.
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T.D.S. claimed the detective lied to him, which he considered ______.
T.D.S. claimed the detective lied to him, which he considered ______.
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The detectives simply asked T.D.S questions about his DNA being on the victim's clothing and gunshot residue on his clothes without any indication of physical ________ or threats.
The detectives simply asked T.D.S questions about his DNA being on the victim's clothing and gunshot residue on his clothes without any indication of physical ________ or threats.
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During the interrogation, T.D.S. was provided with water and his mother sat and spoke with him at different ______.
During the interrogation, T.D.S. was provided with water and his mother sat and spoke with him at different ______.
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One piece of practical advice given is to let individuals have food, drink, bathroom breaks, and rest to ensure the interrogation is not considered ________.
One piece of practical advice given is to let individuals have food, drink, bathroom breaks, and rest to ensure the interrogation is not considered ________.
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Being decent to people during questioning by allowing necessary breaks and showing kindness will demonstrate to the court that any statements given were freely and ________.
Being decent to people during questioning by allowing necessary breaks and showing kindness will demonstrate to the court that any statements given were freely and ________.
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The momentary detention of a potential witness to a criminal act in order to obtain basic information concerning the identity of the witness is within the contemplation of R.C. ______ (Ohio Stop and I.D.law)
The momentary detention of a potential witness to a criminal act in order to obtain basic information concerning the identity of the witness is within the contemplation of R.C. ______ (Ohio Stop and I.D.law)
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A detention pursuant to R.C. ______(A) will be very ______ if the person immediately provides the required information
A detention pursuant to R.C. ______(A) will be very ______ if the person immediately provides the required information
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No person who is in a public place shall refuse to disclose the person's , address, or date of birth, when requested by a law enforcement officer when the officer suspects either of the following:________________ or the person witnessed any of the following: __________________ or__________________________
No person who is in a public place shall refuse to disclose the person's , address, or date of birth, when requested by a law enforcement officer when the officer suspects either of the following:________________ or the person witnessed any of the following: __________________ or__________________________
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A brief detention of a potential witness to a crime is permitted, so long as it meets the Fourth Amendment's _______ requirement.
A brief detention of a potential witness to a crime is permitted, so long as it meets the Fourth Amendment's _______ requirement.
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Under limited circumstances, a police officer may briefly detain a potential witness to a criminal act for _________ purposes, even though the officer has no reasonable _________for concluding that the potential witness is, or may have been, involved in the criminal activity that the police officer is investigating, consistently with Fourth Amendment ______.
Under limited circumstances, a police officer may briefly detain a potential witness to a criminal act for _________ purposes, even though the officer has no reasonable _________for concluding that the potential witness is, or may have been, involved in the criminal activity that the police officer is investigating, consistently with Fourth Amendment ______.
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State v. Topps, 2008-Ohio-4021 (2nd App. Dist.). The Fourth Amendment requires that all warrantless stops or "seizures" of citizens be __________.
The ___________ of such seizures depends on a balance between the public interest and the individual's right to personal security free from _______________ by law officers. A balancing test has been set forth for the reasonableness of stops and seizures under the Fourth
Amendment providing that consideration of the ____________ of such seizures involves a weighing of the gravity of the public concerns served by the seizure, the degree to which the seizure advances the __________, and the severity of the interference with individual liberty
State v. Topps, 2008-Ohio-4021 (2nd App. Dist.). The Fourth Amendment requires that all warrantless stops or "seizures" of citizens be __________. The ___________ of such seizures depends on a balance between the public interest and the individual's right to personal security free from _______________ by law officers. A balancing test has been set forth for the reasonableness of stops and seizures under the Fourth Amendment providing that consideration of the ____________ of such seizures involves a weighing of the gravity of the public concerns served by the seizure, the degree to which the seizure advances the __________, and the severity of the interference with individual liberty
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An officer can make a stop of a potential witness to a criminal act whenever: (i) the officer has reasonable cause to believe that a __________, involving danger of forcible injury to persons or of appropriation of or danger to property, has just been committed near the place where he finds such person
An officer can make a stop of a potential witness to a criminal act whenever: (i) the officer has reasonable cause to believe that a __________, involving danger of forcible injury to persons or of appropriation of or danger to property, has just been committed near the place where he finds such person
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The officer has reasonable cause to believe that such person has knowledge of material aid in the investigation of such __________
The officer has reasonable cause to believe that such person has knowledge of material aid in the investigation of such __________
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Study Notes
Ohio Supreme Court Decisions
- T.D.S. waived his rights knowingly, intelligently, and voluntarily.
- Courts evaluate whether a juvenile's confession was involuntarily induced through established legal standards.
Totality of the Circumstances Approach
- This approach assesses the intensity and duration of interrogation.
- Key factors include the existence of physical mistreatment and threats or inducements presented during interrogation.
- It is sufficient to determine voluntariness even in juvenile interrogations.
T.D.S.'s Interaction During Interrogation
- T.D.S. understood his rights and responded appropriately during questioning.
- The interrogation occurred at T.D.S.'s mother's house.
- He expressed concerns about having a low intelligence quotient (I.Q.), although a psychologist indicated his communication skills were better than suggested by his I.Q.
Academic and Behavioral Factors
- T.D.S. acknowledged his behavior in school contributed to his academic struggles.
- He challenged detectives regarding the evidence they claimed to possess.
Detective Interrogation Techniques
- T.D.S. accused the detective of lying, considering it deceitful.
- Detectives questioned him about DNA evidence and gunshot residue without using physical threats or mistreatment.
- T.D.S. was allowed water and had conversations with his mother during interrogation.
Guidelines for Interrogation Practices
- Providing food, drinks, and breaks is crucial for avoiding claims of coercion in interrogations.
- Fair treatment and kindness improve the perception of free and voluntary statements.
Authority of Law Enforcement
- R.C. refers to the Ohio Stop and I.D. law, allowing for brief detention of potential witnesses to gather basic information.
- Under R.C. __________(A), providing requested identification leads to less rigorous detention.
Disclosure Requirement
- Members of the public must disclose their name, address, or date of birth if suspected of involvement in a crime or as a witness to a criminal act.
Fourth Amendment Considerations
- Brief detentions must comply with the Fourth Amendment's reasonable requirement.
- Officers can detain witnesses temporarily for investigative purposes without reasonable suspicion of their involvement in a crime.
Seizure and Reasonableness Standards
- Warrantless stops and seizures must be reasonable, balancing public interest against individual security rights.
- Evaluation includes the severity of public concerns, advancement of public goals, and impact on individual liberty.
Reasonable Cause for Officer Stops
- An officer may stop a potential witness if there’s reasonable cause to believe a crime involving danger to person or property has occurred nearby.
- Officers may also believe that a witness possesses crucial information for criminal investigations.
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Description
Explore the Ohio Supreme Court decision in In re T.D.S. regarding the waiver of Miranda rights by a juvenile defendant. Understand the factors considered in determining the voluntariness of a juvenile's confession, as outlined in the Edwards standard.
