5th amendment - Miranda (PASI)
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Created by:
charann_thompson on May 9, 2012
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9 terms
Terms | Definitions |
|---|---|
 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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