5th amendment - Miranda (PASI)
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.
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.
Upgrade to remove ads