Interrogation/ Questioning
What does “interrogation” mean?
Asking someone questions about a crime
What famous Supreme Court case established the requirement for Miranda warnings?
Miranda v. Arizona (1966).
Miranda warnings are generally required when a person is in what type of situation?
Custody + interrogation
Is Miranda generally required during a casual conversation with police when a person is free to leave?
no!
True or False: Every question a police officer asks requires Miranda warnings.
False. Miranda generally applies to custodial interrogation, not ordinary questioning.
Name one right included in a Miranda warning
You have a right to remain silent
A person is arrested and police begin asking questions about the crime. Are Miranda warnings generally required?
yes!
True or False: Being arrested automatically means police can never speak to you without Miranda warnings.
no! Miranda is typically used with interrogation also known as "custodial interrogation"
An officer asks a suspect, “Where were you last night?” while the suspect is voluntarily talking to the officer on the street. Is this automatically a Miranda situation?
No. The person is not necessarily in custody.
What right allows a person to have a lawyer present during questioning?
The right to an attorney
A suspect is handcuffed and placed in a police car while officers question them about a crime. What two factors suggest Miranda applies?
Custody and interrogation
Police ask a person basic questions during a traffic stop, and the person is not in custody. Are Miranda warnings automatically required?
no!
What is the purpose of police questioning a suspect?
To get information about a crime.
True or False: Miranda warnings mean a person has to answer police questions.
False! They have the right to remain silent.
Police tell a suspect they are not free to leave and then question them about a crime. What constitutional protection may be triggered?
Miranda rights
Police ask routine questions necessary to deal with an immediate safety emergency. Can the public-safety exception sometimes allow questioning without Miranda warnings?
yes they can
Police arrest someone and begin asking questions designed to get them to confess. What legal issue is triggered?
Miranda protections, because the person is in custody and being interrogated.
Why are Miranda warnings given before custodial interrogation?
To inform a person of their constitutional rights, especially the right against self-incrimination and the right to an attorney.
If police conduct custodial interrogation without properly giving Miranda warnings, what can happen to statements obtained during that interrogation?
The information is inadmissible
A person voluntarily walks into a police station and talks to officers without being detained. Is Miranda automatically required?
No, Voluntary questioning without custody generally does not trigger Miranda.