5A/ DPC
What are the two requirements for 5A violation?
1. Coercive state action
2. testimonial or communicative statements
When does the 6A right attach?
The commencement of adversary proceedings (Rothgery).
When does Miranda need to be given?
"custodial interrogation"
1. custody
2. subjected to questioning
Must be read to everyone regardless of whether or not they already know their rights.
What is the definition of waiver?
What is the definition of a search and a seizure?
Search:
1. Trespass on a constitutionally protected area (Jones)
2. Subjective and objective reasonable expectation of privacy (Katz)
Seizure
1. Physical force, or
2. Submission to the assertion of authority (Hodari D.)
What is the definition of "coercive"?
When a defendant's will has been overborne (Watts v. Indiana).
After the 6A attaches, when is the 6A violated?
Denied counsel at "Critical stages." This includes deliberately eliciting incriminating statements from the defendant in the absence of counsel (Massiah).
Is a Terry-stop considered "custody" for Miranda?
No. It is a seizure, but not custody. These are brief stops in public and thus, not the police questioning the court was concerned about in Miranda.
When can police resume questioning after a suspect has invoked their right to remain silent?
After the police have scrupulously honored that right (Michigan v. Mosley).
What are the requirements for a warrant?
1. probable cause
2. supported by oath or affirmation
3. particularity
4. neutral and detached magistrate.
What type of immunity is required by the constitution.
At least use and derivative use immunity (Kastigar).
How does "deliberately elicit incriminating statements" differ from custodial interrogation under Miranda?
6A- subjective test
Miranda- objective test
What is the definition of express questionings "functional equivalent"?
Rhode Island v. Innis
Any words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect (objective test).
How must a suspect invoke their right to remain silent and their right to counsel?
Unambiguously (Thompkins; Davis)
What type of test do the courts apply when analyzing special needs cases?
Balancing test-- the government interests against privacy rights (intrusion).
Some factors
- duration
- level of intrusion
- surprise
- effectiveness
If I locked Chase in a study room, withheld food and water, and hit him until he confessed to cheating on the crim pro final would his confession be considered "voluntary" under the 5A?
The 5A does not apply. The worst conduct by private actors cannot violate the 5A (Colorado v. Connelly).
What does it mean that the 6A is "offense specific"?
Questioned on the specific charge or questioned on a crime that arises out of the same incident/ common nucleus of operative facts.
What are two exceptions to administering Miranda prior to custodial interrogation that we learned about?
1. Public safety (Quarles)
2. Undercover agent/ informant (Perkins)
When can police resume questioning after a suspect has invoked their right to counsel?
14 days unless the defendant chooses to initiate communication with the police (Edwards; Shatzer).
Define "the stop and frisk have to be valid in their inception and in their scope" under Terry.
Inception
Stop: Reasonable suspicion that the individual is committing, about to commit, or has committed a crime (Terry).
Frisk: Reasonable suspicion to believe the individual is armed and dangerous (Terry).
Scope
Stop: A police stop cannot exceed the time needed to handle the matter for which the stop was made (Rodriguez).
Frisk: The frisk authorized by Terry may only be as broad as its rationale, the safety of officers (Minnesota v. Dickerson).
What is and is not testimonial evidence broadly? Is a statement within a diary detailing a crime testimonial evidence?
The govt can use one’s physical characteristics against them (non-testimonial), but they cannot use the contents of one’s mind against them (testimonial).
No. The court has said if the ∆ wrote things down before the govt compels production (subpoena), the govt can use these statements because the ∆ does not have to create testimony she just has to turn it over.
Why did the court find a 6A violation in Massiah but not Kuhlmann? They both involved undercover agents/informants.
In Kuhlmann the informant was "an ear not a voice."
Why were Moran v. Burbine and Colorado v. Spring not considered violations of the defendant's Miranda rights?
The defendant just needs to know they have Miranda rights and the consequences of not invoking them. The police do not have to counsel the defendants.
What factors did the court consider in Michigan v. Mosely when deciding whether the defendant's right to remain silent had been scrupulously honored?
1. officer ceased questioning
2. time
3. new location
4. new officer
5. new crime
6. another Miranda advisement.
List all the doctrine applicable when considering the reasonableness of an automobile search or seizure.
1. Automobile exception
2. Containers in cars
3. Search incident to arrest
4. Inventory searches
5. Terry
6. Consent
7. Exigency
8. Special needs searches