Due Process and Interrogations
An “involuntary” confession, obtained by overbearing a suspect’s will, is inadmissible
What makes voluntariness? Must be a freely made statement, with no evidence of involuntariness or coercion ; case-specific determination, considering the totality of the circumstances of the suspect, the questioning, and the practices of the authorities.
What is the rule for interrogations under due process?
the person has the right to remain silent
anything the person says can be used against them in ct
the person has the right to the presence of an attorney and
if the person cannot afford an attorney one will be appointed for them
What are the miranda warnings required prior to any custodial interrogation?
must scrupulously honor that - Michigan v. Mosley
just can wait a little (few hours) and remirandize
means the opposite ; can continue after waiting and remirandizing
Questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way
Considered in light of totality of the circumstances
What is rule for custody under Miranda?
When does the 6th amendment right to counsel attach generally
during a critical phase of proceedings, after FAJP have attached
Coercion = whether a defs. will was overborne by the circumstances surrounding the giving of a confession
Prolonged questioning, use of drugs, psychological coercion,physical violence
What is coercion under due process and what considerations can be used to determine if it is coercive?
Custodial Interrogation is inherently coercive
What is the holding of Miranda that led to need for safeguards?
Immediate flat bar on any further questioning until you have real opportunity to consult w/ counsel ; all questioning must cease
Actual meeting w/ atty is a real opportunity to consult w/ lawyer
any differences don’t matter - waiting or changing officer etc. doesn’t matter
What is the rule for invocation of the right to counsel?
Miranda applies to all custodial interrogations, regardless of whether the underlying offense is a felony or a misdemeanor
What was the holding in Berkemer v. McCarty?
What is a critical stage of proceeding
a stage after arraignment, UNTIL BEGINNING OF TRIAL, when consultation, investigation, & prep are vitally important (from Massiah)
Making statements voluntarily based on mental illness or other delusion does not equal coercion
FRIENDLY REMINDER: GOD IS NOT A STATE ACTOR
What is Colorado v. Connelly
This exception is limited in nature BUT when imminent threat to public safety police can deal with that without the delay of having to advise of miranda warnings ; This exception is limited by the timing of the emergency and true requirement of need for safety
What is the public safety exception as seen in New York v. Quarles?
If someone invokes right to counsel and they leave and miranda related custody ends
a clock starts - 14 days until they can come back and requestion - reqs remirandizing -
What is the scope of invocation of right to counsel per MD v. Shatzer?
an officer’s subjective, undisclosed suspicions about a person’s guilt are irrelevant to the Miranda custody analysis.
When does right to 6th amd. attach in an interrogation
1. when interrogation begins after a formal adversarial judicial process
2. When police are deliberately eliciting stmts
Most def.s waive Miranda, & noncustodial questioning does not trigger Miranda Coercion still exists → stmts in violation of miranda are admissible for impeachment if “trustworthiness satisfies legal standards” → cannot be involuntary → if his stmt is not of rational intellect and free will, the conviction wont stand
Why does this matter after the Miranda Decision?
This exception is related to basic biometric/identifying questions (like birth date, name etc) ; not questions that get into the arrestee’s head and require use of decision making
What is the routine booking exception as seen in PA v. Muniz?
Explicit or Implicit
Express : I waive Miranda
Implied : Clear that they understand rights and then continue to speak
Is continuing to speak enough?
it can be depending on facts
IT IS A FACT INTENSIVE ANALYSIS
Qualified waiver: Waiving right to main silent, qualified by not signing anything
What is the requirement for waiver?
that a child’s age—when known to police or objectively apparent—must be considered in determining whether a suspect is “in custody” for Miranda purposes.
Consequences of violation via deliberate elicitation
1. Statements cannot be used in Case in Chief (BUT they can be used for impeachment so long as not coercive)
Name all of the due process cases NOWWWWW
Brown v. Mississippi - beatings
Ashcraft v. TN - Prolonged Questioning cause you killed wife
Townsend v. Sain - Drug Withdrawal in Jail
Mincey v. AZ - Withholding of Morphine
Colorado v. Connelly - Mental Illness
The STATEMENT is what matters, not the items as a result. For testimonial fruits we must consider if there is a true break between the violation and the statement. For physical fruits they are admissable even if fruit of a statement as long as statement isn't used at trial
What are the rules for fruits under Miranda? Per Siebert and Patane?
held that a suspect must unambiguously invoke the Miranda right to remain silent; mere silence is not enough.
What is the holding of Berghuis v. Thompkins?
Interrogation under Miranda refers to express questioning but also words/actions of police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect.
- Miranda warnings are not required when a suspect, though incarcerated, speaks with an undercover agent he does not know is law enforcement.
What are the limits of 6th amendment right application to various crimes
It is offense specific - meaning it cannot be invoked once for ALL future persecutions, only attaches when prosecution for a crime has commenced ( does not apply to any deliberate elicitations of crimes not formally charged for, so long as that crime and the crime charged are not based on the same facts)