Confessions, Interrogation, Miranda Rule

Voluntariness of a Confession

Test to determine if a confession was trustworthy

Who has burden to prove voluntariness?

The State has the burden of proof

What standard of proof required?

Preponderance of the Evidence

When to provide Miranda Warnings

• Suspect must be informed of their right to remain silent and right to an attorney

• Officer must prove that suspect waived their rights before questioning

Custody (Arrest)

• Deprived of freedom of action in any significant way.

• Suspect is not in custody if they voluntarily come to police station after being told they don’t have to

Interrogation

Questioning or the functional equivalent

Situations that do not constitute “Interrogations”

• Neutral Questions

• Routine Booking Questions

• Non-Testimonial Evidence

Types of Non-Testimonial Evidence

Physical Evidence

• Fingerprints

• Blood

• DNA

• Handwriting

Four essential points that must be covered in Miranda Warnings

• Right to remain silent

• Anything you say can be used against you in court

• Right to an attorney

• If you can’t afford an attorney, one will be appointed to you prior to questioning at no cost

Test used by courts to analyze wording used by law enforcement during advisement of rights

Tests if warning given by police reasonably conveys the suspect’s rights required by Miranda

Requirements for valid waiver of rights

• Knowingly (Suspect must know their rights prior to interrogation)

• Intellegently

• Voluntarily

When a suspect refuses to sign a waiver but agrees to talk to law enforcement

Their oral waiver may be deemed to cancel out their refusal to sign waiver documents

What crimes may be discussed during interrogation if the suspect provides a waiver

Any offense may be discussed

Effects of Miranda being “constitutional decision”

With Miranda being a constitutional decision, congress may not supersede it through legislation

General rule regarding initial failure of law enforcement to provide Miranda Warnings to a suspect who later gives a Mirandized Statement

Statements before Miranda are inadmissable statements after Miranda are admissable

Express Invocation Rule

• Suspects must specifically inform law enforcement if they choose to invoke either of their Miranda Rights.

• Silence is insufficient

Wehn can law enforcement reinitiate contact with a suspect who asserts their “right to remain silent” or “right to counsel”

• Interrogation must cease

• Interrogators must wait 14 days to initiate contact

• Suspect may reinitiate

To whom Miranda Rights belongs:

• Rights belong to suspect

Public Safety Exception

Miranda Rights are not required to be given to defendant in custody prior to questioning where officers can justify the need to secure the safety of themselves and others

How Cellmate-Informant may be used after a suspect asserts their Miranda Rights

Once Suspect claimes their right to counsel, police may not use a Cellmate-Informant to SOLICIT incriminating information

General rule for trickery and deception during interrogation

• Not preferred

• Voluntary confessions can still be admissable

Why 6th Amendment provides right to counsel

• To minimize the imbalance between the accused and the government prosecuting them

• To preserve the integrity of criminal trials

Appropriate Procedures

Right to Counsel only applies to the offense(es) the attoryney has been appointed for

• Right to Counsel attaches post-indictment in Federal Court ot at Bond Hearing in State Court

• Right to Counsel is offense-specific and cannot be invoked once for all future prosecutions