The Miranda Baseline
Miranda is required before this type of questioning.
Custodial Interrogation
Voluntarily going to the police station.
Non-Custodial
This Supreme Court case allowed for the police to use deception in interviews/interrogations.
Frazier v. Cupp
This case addressed that invocations must be "clear and unequivocal."
Davis v. United States
Corley v. United States
This is the result of any custodial interrogation without warnings.
Inadmissible Evidence
Status of a person who is currently serving time.
Non-Custodial; "it depends" (Howes v. Fields)
In this case, the Supreme Court ruled that a psychiatrist posing as a doctor made the interview this:
Coerced (Leyra v. Denno)
Sitting silent for hours is not enough for this to apply/be considered.
Invocation of Silence
This case addressed the "two-step" interrogation technique.
Missouri v. Siebert
Miranda applies to both of these offense levels.
Felony or Misdemeanor
This objective factor must be considered, per J.D.B. v. North Carolina.
Age (J.D.B. v. North Carolina)
In this case, the Supreme Court ruled that undercover officers in jail do not need to provide Miranda.
Illinois v. Perkins
This case addressed that, once invoked, police cannot re-initiate an interview for a specific period of time.
Edwards v. Arizona
This case esatblished that, once the right attaches, police cannot "deliberately elicit" incriminating statements.
Brewer v. Williams
Determination of whether someone is in custody is based on this perspective.
Objective Reasonable Person
Prior police experience is not a factor in this test.
Objectiveness (Objective Reasonableness)
Any questions or words likely to elicit a response are defined as:
Interrogation (Innis)
This case addressed invocations expiring after 14 days of a break in custody.
Maryland v. Shatzer
Non-Custodial (Salinas)
This case addressed the "functional equivalent" of a traffic stop.
Berkemer v. McCarty
Questioned in your own bedroom at 4:00am.
Custodial (Orozco v. Texas)
A confession that is influenced by coercion is this:
Involuntary
A waiver must be made voluntarily, knowingly, and _______.
Intelligently
This rule prevents the use of illegally obtained evidence.
The Exclusionary Rule