Miranda v Arizona

Custodial Interrogation

Inherent/Compelling pressures

Assertion/Waiver of rights

Reassertion of rights

Voluntariness as matter of law

Right: to remain silent

to an attorney

if you cant afford one, one will be provided for you

anything you say can and will be used against you in the court of law

broader than the Miranda Rights

Voluntariness as a matter of fact

Miranda applies to both misdemeanor and felony cases.

Routine traffic stop, rights not required at the scene of the stop but at the police station.

Location of Custodial Interrogation:

there doesn't have to be a formal arrest as long as the detention is equivalent to an arrest situation

Defacto Arrest- in custody but not told they are under arrest

Formal Arrest- told they are under arrest

not limited to the location of the police station

NOT arrested but was interrogated

voluntarily went down to the police station

custody determination different for adults and minors?

No, under the age of 18 (was 17)

age IS relevant in determining if a minor is in custody

(age 13) Miranda Warnings required

was interrogated in the conference room of a prison

statements were admissable

Refused to establish the Per Se Rule: in prison = in custody

murdered a taxi cab driver, another taxi driver reported/ identified him

placed under arrest, gives confession to police officers in the car on the way to the station

 5th APASI applies; wasn't under interrogation

said they couldn't provide a lawyer for the defendant

gave and read all the Miranda rights

satisfied Miranda in 5-4 decision

not specifically stated you could have a lawyer present during interrogation

sufficiently clear- satisfied Miranda

minor asked to see probation officer

Not allowed- Miranda gives the right to an attorney

difference between an attorney and a probation officer

confession invalidly obtained

asserted right to an attorney and police continued the interrogation in the morning without the attorney being present

the right to counsel is more than the right to consult with an attorney

the attorney can be present during the custodial interrogation

asserts right to remain silent regarding a robbery

homicide detective, not a part of the initial interrogation, believes he is involved in a murder

reads him his rights, Mosley waives them, confession valid to the murder

warnings read, remained silent and didn't sign waiver of rights, confessed to murder, ruled that he had waived his right to remain silent

do NOT need a written waiver or expressed statement of a waiver: it can be implied

voluntariness of a valid waiver means there is the absence of governemnet coercion

guy claimed the "voices in his head" told him to confess to the murder

confession valid, waived his rights

Miranda warnings not given, incriminating statement made is inadmissable at trial

CAN be used to impeach the defendant's credibility

defendant refers the police to a friend who can confirm his alibi; friend makes an incriminating statement against the defendant

inadmissability of the defendant's statement doesn't extend to the statement given by the friend

Fruit of the Poisonous Tree Doctrine

there was a Miranda violation NOT a constitutional violation

arrested, interrogated, admits to being at the scene of the burglary, police forgot to read Mirand rights

arrive to police station, read rights, waives them, and gives a full confession

routine practice at the police station to deliberately not give the Miranda warnings

get a confession, take a twenty minute break, read rights, continue interrogation, and get the confession again

confession inadmissable

buried man alive, took his car, forged his identity

1st interrogation: asserts right to cousel

2nd interrogation: not read rights, confession to forgery inadmissable

3rd interrogation: warnings given, waived, admissable confession to the murder

Public Safety Exception to Miranda

guy with a gun is arrested in grocery store, hid the gun somewhere, police asks where the gun is located

Routine Booking Question Exception to Miranda

administrative questioning i.e. name, birth date, etc

drunk, slurred speech

oppportunity to over turn the Miranda decision

Miranda was upheld, majority opinion

5th APASI not violated; only applies to testimonial evidence

charged with a DUI, defendant stated blood sample was taken againt his will

agents could hear a conversation going on in the car through a listening device, heard several incriminating statements

violated his 6th Amendment Right to cousel and were rendered inadmissable

under cover agent put in jail to obtain a confession from a man suspected of murder

Miranda warnings not given when talking to the suspect

5th APASI not violated because he was unaware he was speaking with law enforcement

Miranda not necessary

no charges filed:6th A right to counsel is not an issue

Reasonableness

Wong Sun v US

constitutional violation

doesn't apply to the Miranda warnings

things gained after something was illegally obtained

i.e. evidence, statements, etc

Conservatives: John Roberts (GW Bush)- Chief Justice, Clarence Thomas (GHW Bush), Antonin Scalia (Reagan), Samuel Alito (GW Bush)

Swinger: Anthony Kennedy (Reagan)

Liberals: Sonia Sotomayor (Obama), Stephen Breyer (Clinton), Ruth Bader Ginsburg (Clinton), Elena Kagan (Obama)

1st Chief Justice

appointed by Washington

Longest serving Chief Justice

1801-1835

appointed by John Adams

had the most impact on the court

Liberal, 1953-1969

Criminal Law Revolution

Due Process Model

expansion of criminal rights, change in interpretation

1969-1986

Crime Control Model

wanted to undo what the Warren court had established

made the court more conservative

NOT a counter revolution

1986-2005

Crime Control Model

2005-present

Crime Control Model

1st African American appointed to the Supreme Court

appointed by Lyndon B. Johnson

1st woman appointed to the Supreme Court

appointed by Reagan