(9) Fifth Amendment - Miranda

What happens after a suspect receives Miranda warnings?

The suspect may either waive or invoke the Miranda rights.

What is the primary issue after a suspect invokes Miranda rights?

Whether the government may lawfully resume questioning.

What must police do when a suspect invokes the right to remain silent?

Immediately cease interrogation.

May police ever resume questioning after a suspect invokes the right to remain silent?

Yes, if they scrupulously honor the invocation before reinitiating questioning.

What does it mean for police to scrupulously honor a suspect's invocation of the right to remain silent?

Police must not badger the suspect, must wait a significant period before resuming questioning, and questioning must concern a different crime.

When may police question a suspect again after invocation of the right to remain silent?

After waiting a significant time and limiting questioning to a different offense.

What must police do when a suspect invokes the right to counsel after receiving Miranda warnings?

Immediately cease interrogation until counsel is present, unless the suspect initiates further communication.

Who may reinitiate questioning after a suspect invokes the right to counsel?

Only the suspect.

May police initiate questioning about unrelated crimes after a suspect invokes the right to counsel?

No.

How long does the Edwards protection generally prevent police from reinitiating questioning after a suspect invokes the right to counsel?

Fourteen days.

When may police resume questioning after the fourteen-day Edwards period expires?

If the suspect voluntarily agrees to speak after receiving proper Miranda warnings.

If a suspect has already consulted with counsel, may police later reinitiate questioning without counsel present?

No, unless the suspect initiates further communication or the Edwards protection has expired.

How clear must a request for counsel be to invoke the Miranda right to counsel?

It must be sufficiently clear that a reasonable officer would understand it as a request for counsel.

What standard determines whether a suspect invoked the right to counsel?

The objective reasonable officer standard.

What is required for a valid Miranda waiver?

The waiver must be knowing, intelligent, and voluntary.

How do courts determine whether a Miranda waiver is valid?

By examining the totality of the circumstances.

What factors are considered in determining whether a Miranda waiver is knowing and voluntary?

The suspect's intelligence, physical condition, mental condition, and the circumstances surrounding the waiver.

Does requesting counsel before making a written statement necessarily invalidate an earlier oral waiver?

No.

Must police inform a suspect of every crime under investigation before obtaining a valid Miranda waiver?

No.

May a suspect validly waive Miranda rights after previously invoking counsel by later initiating communication with police?

Yes.

Does ordinary police deception automatically invalidate a Miranda waiver?

No.

When may police deception invalidate a Miranda waiver?

When the deception affects the Miranda warnings themselves or the nature of the likely charges.

Does police deception of a suspect's attorney invalidate a suspect's otherwise voluntary waiver?

No.

Must police inform a suspect that an attorney is attempting to contact or represent the suspect before obtaining a valid waiver?

No.

Is remaining silent by itself sufficient to invoke the Miranda right to remain silent?

No.

How must a suspect invoke the Miranda right to remain silent?

By making an unambiguous assertion of the right.

May a Miranda waiver be implied?

Yes.

How may an implied Miranda waiver occur?

When a suspect, after receiving and understanding the warnings, voluntarily answers police questions.

Who has standing to assert Miranda rights?

Only the defendant whose own statements are at issue.

May a defendant suppress another person's statements based on a Miranda violation?

No.

What is the general effect of a Miranda violation?

The unwarned statement is generally inadmissible in the prosecution's case-in-chief.

What is the appellate standard when Miranda rights are violated?

Reversal is generally required unless the prosecution proves the error was harmless.

May a voluntary statement obtained in violation of Miranda be used for impeachment?

Yes.

What is the "question first, warn later" rule?

A later Mirandized confession is inadmissible if officers intentionally obtained an earlier unwarned confession before giving Miranda warnings.

When may a later Mirandized confession still be admissible after an earlier unwarned statement?

When the initial failure to give Miranda warnings was inadvertent rather than deliberate.

What effect does deliberate bad-faith two-step interrogation have on a later confession?

It generally renders the later confession inadmissible.

Are physical fruits derived from an unwarned but voluntary confession always excluded?

No.

When may physical evidence derived from an unwarned voluntary confession be admitted?

When there is no objective bad-faith police conduct requiring exclusion.

Testable Issue:What must police do after a suspect invokes the right to remain silent?

Immediately stop questioning and only resume later after scrupulously honoring the invocation.

Testable Issue:What must police do after a suspect invokes the right to counsel?

Stop all interrogation until counsel is present unless the suspect initiates further communication or the Edwards protection expires.

Testable Issue:How is a valid Miranda waiver established?

By showing the suspect knowingly, intelligently, and voluntarily waived the Miranda rights under the totality of the circumstances.

Testable Issue:When does police deception invalidate a Miranda waiver?

Only when the deception undermines the warnings or materially affects the suspect's understanding of the rights or charges.

Testable Issue:What is the rule governing two-step interrogations?

A deliberate question-first, warn-later strategy generally renders the later Mirandized confession inadmissible, while an inadvertent failure to warn may not.

Testable Issue:May statements obtained in violation of Miranda ever be used?

Yes. Voluntary statements may be used to impeach the defendant's testimony, and derivative physical evidence may be admissible depending on the degree of police bad faith.

Essay Rule:How do you analyze Miranda invocation, waiver, and violations?

Determine whether the suspect invoked the right to remain silent or counsel, whether police honored the invocation, whether any later waiver was knowing, intelligent, and voluntary, and whether any subsequent statements or evidence are admissible despite a Miranda violation.

Master Synthesis:What is the framework for analyzing Miranda invocation and waiver issues?

Determine whether Miranda warnings were required and given, identify whether the suspect invoked or waived the rights, analyze whether police complied with the rules governing renewed questioning, determine whether any waiver was valid, and finally analyze the admissibility of any statements or derivative evidence obtained after the violation.