5th amendment - Miranda (PASI)

9 terms by charann_thompson 

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Miranda trigger?

Custody (formal arrest or func. equiv.) + interrogation (express or func. equiv.)

whether D's stmt given at police station when instructed that he's NOT under arrest implicate Miranda

No. Where D is not in custody Miranda is not invoked. - Oregon v. Mathiason

Is seizure automatically custody for Miranda purposes?

No. Custody is formal arrest or when a RP would believe he's going to jail. - Berkemer v. McCarty

Whether police officers conversation amongst themselves was interrogation

No. Where the officers cannot reasonably know there conversation would elicit an incriminating response it is NOT interrogation.

whether an invocation may be invalidated by police reinitiating interrogation w/o lawyer present

No. Once suspect requests a lawyer questioning must cease until lawyer is present OR suspect reinitiates.

Edwards-Minnick rule

once a suspect invoke 5th amendment right to counsel is unapproachable for 14 days after returned to normal environment

right to silence

govt. must scrupulously honor; though NOT unapproachable but may not badger suspect

must a Miranda waiver be explicit

No. Although a waiver may not be inferred from answering alone, where S said he "understood" his rights it may be inferred that he waived them.

Where a cop asks a question in response to imminent danger does it implicate Miranda?

No. Because the cop didn't have time to calculate, the question doesn't violate Miranda.

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