Spano v. NY

Argue why voluntary or not both side. 

Broad categories:  

I.Character of the suspect   II.Morality of Police conduct.
1. Intelligence    2. Length of questioning
3.Type of questioning   4. Request for attorney  

5. Use of Trickery (serious pressure) loose job or kid. 

6. Not trying to investigate crime.

Voluntariness

general

Confessions: must be free and voluntary; not extracted by threats or violence, nor obtained by any direct or implied promises; nor by the exertion of any improper influence.

Was their a formal arrest or restraint on freedom of movement of the degree associated with a formal arrest.

1. Reasonable person: given the circumstance would a reasonable person feel.  Fact based: Do the facts suggest custody despite what person believes "totality of circumstances"
 # of police, no one turn to for assistance, place, 
told not under arrest,  restrict actions (making phone call going to bathroom), Who initiated contact,

No custody no Miranda. If polite officer most likely no custody.  "free to go" "not under arrest" "where would like to meet" "found your prints"--can lie.

2 Holdings 1. Miranda applies to misdemeanors (Miranda applies to all custodial interrogations regardless of the nature or severity of the offence.)  2. Terry type stops are presumed non-custodial for purposes of Miranda absent more factors indicating custody.

1. Any words or actions by police that police should know are reasonably likely to elicit an incriminating response from D.  2. Focus on the perceptions of D; although intent of police not irrelevant 3. knowledge or special susceptibility of this D might be an important factor too (this D has a mentally challenged kid etc.)
[Note: Updating the suspect on investigation not interrogation--unless a lie]

Trigger (when apply): Miranda comes into play whenever a person in custody is subjected to either express questioning or its functional equivalent.  Test: any words or actions the police should know are reasonably likely to elicit an incriminating response from the suspect.   Holding: Interrogation must have a measure of compulsion above and beyond custody alone.

Inform 1. right to remain silent 2. Anything said can and will be used in court 3. Has right to a lawyer 4. If can't afford one will be appointed.  [only applies to individuals in custody and being interrogated]

Leg. can't touch Miranda (power challenge) Not a mere Prophylactic Procedural rule. Miranda applies to States & Federal government.

Once D invokes 5th right to counsel police must cease interrogation. Reinterrogation only when 1. volunteered by D or 2. counsel is present

Unwarned confessions must be suppressed but subsequent Mirandized confession is not suppressed if given freely and voluntary. 

To overcome presumption of coercion, Must have: 1. Mirandized      2. significant break in time (at lease 1 hour) - to appreciate the significance.  3. different officer  4. explain that previous statements wont be used.

Public safety exception: Reasonable officer does not need to refrain from asking questions reasonably prompted by a concern for public safety. But voluntariness still required

To determine if D Knowingly, Voluntarily, Intelligently (still intelligent if Psychotic), Miranda rights is determined by the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.
(if no attorney present--heavy burden on state) (silence is not enough)(Weight in favor of Effective)
Use Seibert factors to get a Yes after a No.