State the 5 hurdles by which an confession must pass before it may be received into evidence.
It must be voluntary and trustworthy.
It must not be obtained due to delay in taking the defendant before a judge or magistrate for his/her arraignment.
It must not be obtained as a result of violation of the defendant's Miranda rights.
It must not be obtained as a result of an illegal arrest or illegal search.
It must not be obtained in violation of the defendant's right to council.
Define the Free and Voluntary rule.
A confession of a person accused of crimes is admissible only if it was freely and voluntarily made, without duress, fear or compulsion in its inducement and with full knowledge of the nature and consequences of the confession
State the test the court will apply in determining whether a confession was freely and voluntarily given.
"Totality of the circumstances."
State the 3 areas to which a court will refer in looking at the totality of the circumstances surrounding a confession.
Use of force
Threats or promises
State when an officer is required to read Miranda warnings to a suspect.
During police custodial interrogation
State the Miranda warnings.
You have the right to remain silent
If you give up that right, anything you say may be used against you in court
You have the right to be represented by an attorney
If you cannot afford an attorney, one will be appointed for you prior to any questioning if you wish.
Define the term "custodial interrogation."
Questioning initiated by officers after the accused has been taken into custody or otherwise deprived of his/her freedom in any significant manner.
State the 5 factors to be considered in determining whether an individual being interviewed is "in custody."
The number of officers present
The attitude of the officers towards the person being questioned
The stage of the investigation
Whether the interviewee is free to leave
Write the standard against which a waiver will be judged when an accused waives his/her Miranda rights.
That warnings and waiver have been given and that the statements were made knowingly, voluntarily, and intelligently
Define the concept of "fruits of the poisonous tree" doctrine.
If a confession is derived immediately from an unlawful arrest or unlawful search, the confession is "tainted" and neither it nor its fruits may be used against the defendant who's fourth amendment rights were violated
State the "Public Safety" exception.
Statements elicited from the defendants as well as real evidence resulting from statements may be used as evidence even if the officers do not recite the Miranda warnings before asking questions if the officers' safety or the safety of others is in jeopardy.