Chap. 13 - Interrogations

Question 1

What is an interrogation?

Answer 1

It occurs whenever officers question a person they suspect has committed a crime.

Question 2

What is a confession?

Answer 2

It is a statement made by a person claiming that he or she has committed a crime.

Question 3

What is an admission?

Answer 3

If a person asserts certain facts to be true, which are inculpatory, but do not amount to a confession, he or she has made an admission.

Question 4

What is the McNabb-Mallory rule?

Answer 4

Federal defendants could seek to have confessions suppressed if they were not taken before a magistrate promptly after arrest. Confessions obtained after unreasonable delays would be excluded.

Question 5

Regardless of any delay, if a confession is obtained within six hours of arrest, is it admitted?

Answer 5

Yes. If it is longer than 6 hours, no.

Question 6

What amendment is Miranda based off of?

Answer 6

The 5th.

1. Right to remain silent (self-incrimination)
2. The right to assistance of legal counsel before they are questioned.

Question 7

What are the elements of the Miranda warning?

Answer 7

1. The right to remain silent
2. Any statements made may be used against the defendant to gain a conviction.
3. The right to consult with a lawyer and to have a lawyer present during questioning.
4. For the indigent, a lawyer will be provided without cost.

Question 8

What is the custodial interrogation requirement?

Answer 8

A brief encounter between a citizen and a police officer is generally not a custodial situation.

2. The defendant must be subject to an interrogation before Miranda applies.
3. All actions or words by police officers that can reasonably be expected to elicit an incriminating response are interrogation.

Question 9

Are unrecorded verbal waivers valid?

Answer 9

Yes. A suspect who knowingly and voluntarily speaks to police officers knowing the Miranda warnings waives the right to counsel.

Question 10

Must they stop only if the suspect ambiguously invokes the right to remain silent?

Answer 10

Yes. If the suspect’s statement is ambiguous or equivocal, the police may continue the interrogation.

Question 11

What are the exceptions to Miranda?

Answer 11

1. Volunteered statements.
2. Routine questions that are purely informational and do not normally lead to incriminating responses.
3. Questions made by officers in the interest of public safety. If there is danger to the officers they must be permitted to extinguish the public threat.
4. Spontaneous questions by police in an emergency.
5. If asked by under cover police officers. Unless, criminal charges have been filed.
6. Routine traffic stops. (They’re not in custody).

Question 12

Must a suspect request be clear enough that a reasonable officer would believe that the suspect wanted to see counsel?

Answer 12

Yes. Silence during a long period is not an agreement to remain silent.

Question 13

Once an accused has asserted a right to counsel, must all police-initiated interrogations occur with counsel present?

Answer 13

Yes.