Untitled Quiz

A situation where a person is questioned by law enforcement, and their freedom of movement is restricted, making them feel like they're not free to leave.

The rights that police must read to a suspect before questioning them in a custodial interrogation. These rights include the right to remain silent and the right to an attorney.

A legal standard used to determine whether a person's belief is reasonable in a certain situation. In Miranda cases, it determines if a person reasonably believes they are free to leave.

When a person's actions or words suggest that they're willingly giving up their right to remain silent, even if they don't explicitly say it.

Clearly and directly stating your right to remain silent or your right to have an attorney present during questioning.

A statement or action that could be used as evidence against a person in a criminal trial.

A law enforcement officer who pretends to be someone else to gather information or evidence.

When a suspect is illegally interrogated after they have been formally charged with a crime, violating their Sixth Amendment right to counsel.

A second confession after a Miranda waiver is admissible if a long enough break following the initial confession without a Miranda waiver gave the suspect a reasonable belief that they had a right not to speak to officers.

Officers' deception of a lawyer seeking to represent a suspect and their refusal to inform the suspect that his family had obtained a lawyer for him does not invalidate the suspect's Miranda waiver.

The 5th Amendment is not violated by a coercive interrogation if the suspect's confession is not used in a criminal case. However, coercive interrogation may violate the 14th Amendment's substantive due process even if the confession is not used in a criminal case.

Miranda warnings are a constitutional rule that applies to all states and cannot be overruled by statute.

A statement by a suspect that they understand their right to remain silent and to have an attorney present during questioning, and that they are willing to answer questions without an attorney.

Questioning that is so intense, pressuring, or manipulative that it forces a suspect to confess even if they are innocent.

A legal principle that requires government actions to be fair and reasonable, even if they don't violate a specific part of the Constitution.

The level of government misconduct that is so egregious and unreasonable that it shocks the conscience of the court.

If a person is not in custody, their silence can be used as evidence of guilt in court unless they explicitly invoke their 5th Amendment right to remain silent.

Two exceptions exist: (1) A defendant doesn't have to testify at their own trial and assert the privilege, and (2) a witness's failure to invoke the privilege can be excused if government coercion made their lack of assertion 'involuntary'.

This Supreme Court ruling states that a 14-day break in custody is sufficient time for an individual to regain their normal life, allowing for a second questioning without violating their Miranda rights.

This rule prevents police from repeatedly questioning a suspect after they have invoked their right to counsel, protecting them from being 'badgered.'

This case established that even after a defendant's 6th Amendment right to counsel has attached, police can still seek a knowing and voluntary waiver of their right to have counsel present during police interactions.

In New York v. Quarles, the Supreme Court created an exception to the Miranda warning requirement when there is an objectively reasonable need for public safety. This allows the police to ask questions about imminent threats before reading the Miranda rights.

This case ruled that physical evidence obtained as a result of a suspect's statement, even if the Miranda warnings weren't given, is admissible in court unless the statement was coerced.

You do not have a right to refuse to hear your Miranda warnings given by the police.