Legal Source Book, Ch 7 - Statements

Front 1

The U.S. Constitutional Amendment prohibiting the compelling of a person in any criminal case to be a witness against himself is the What?

Back 1

5th Amendment

Front 2

What tow settings nust be coexist at the same time before miranda is required?

Back 2

Custody and Interrogation

Front 3

California Law requires Juveniles who are taken into temporary custody be gven their Miranda rights even without interrogation:

Back 3

True

Front 4

What requirement(s) must be met, for Miranda purposes, for custody to exist?

Back 4

Formally arrested, restrained to a degree associated with arrest, must be aware of arrest.

Front 5

A suspect voluntarily was interviewed at the station, was told he was not under arrest and was permitted to leave afterward, the questioning was accusatory, he was told he was a suspect, and falsely told that his fingerprints and been found at the scene. This was not a violation of the Miranda requirement.

Back 5

True

Front 6

A suspect was initially handcuffed at his parole agent's office and later taken to the police station where he was questioned. He was told he was not under arrest, but asked him if he would accompany officers to the station for an interview. This was not a violation of the Miranda requirement.

Back 6

True

Front 7

You question a suspect at the scene of a crime. You have probable cause to arrest him from the monent you first saw him. Does Miranda exist?

Back 7

No.

Front 8

Without some further or additional limitation, I.E., a restriction on his freedom over and abouve what already exists in his normal prisoner setting, even a suspect who is already in jail or prison is not in custody for Miranda purposes?

Back 8

True

Front 9

Deputies are investigating a possible child abuse of an injured and motionless child. The mother is being detained at the scene. Prior to questioning the mother as a suspect do Miranda warnings need to be hiven, even though the suspect is not free to leave?

Back 9

No.

Front 10

During a DUI traffic stop, where the driver has already failed F.S.T.'s, Miranda warnings are required prior to questioning about what the suspect has had to drink?

Back 10

False.

Front 11

An officer detains a suspect at gunpoint, but re-holsters it prior to questioning. Are miranda warnings required?

Back 11

No.

Front 12

Any direct or "express" questioning about the crime being investigated, or the "functional equivalent" of direct questioning is considered: What?

Back 12

An interrogation.

Front 13

Any words or actions on the part of the police(other than those normally attendant to arrest and custody) that the police should know are reasonably likely (from the suspect's perspective) to elicit am incriminating response, is considered:

Back 13

An interrogation

Front 14

A suspect invokes his Miranda rights and was on his way to booking when a sergeant said, "I thought you wanted to come back and straighten this out?" The suspect then agreed to talk and confessed. The sergeant's remarks were improper and violate Miranda?

Back 14

True

Front 15

A statement given by a suspect which is not in respose to any question, words or action is considered:

Back 15

Spontaneous Statement and Volunteered Statement.

Front 16

Confronting a suspect with incriminating evidence is considered interrogation, but will be considered proper as long the suspect has already waived his rights, or:

Back 16

The suspect is not in custody.

Front 17

Silence, followed by grudging responses to leading questions establishes a valid "Implied" waiver of Miranda rights?

Back 17

False

Front 18

In order to be valid, a suspect's waiver of Miranda rights must be:

Back 18

Freely given, Not forced, Knowing and Intelligently waived.

Front 19

A waiver obtained as the result of cleverly "softening up" the suspect through ingratiating conversation and disparagement of the victim would be deemed voluntary.

Back 19

False.

Front 20

A waiver will not be considered "knowing and intelligent" unless the suspect understands his rights and is capable of waiving them:

Back 20

True.

Front 21

Even though a suspect was still somewhat high on PCP at the time of questioning, the waiver was considered:

Back 21

Valid

Front 22

What rights must a suspect be advised of when "in-custody" and about to be interrogated?

Back 22

Right to have counsel and the right to remaim silent.

Front 23

If you are unaware of a suspect's previous assertion of his rights, are you precluded from coming back and talking to a suspect?

Back 23

True

Front 24

A suspect may invoke his right to silence by any words or conduct which reasonably reflect an unwillingness to discuss his case freely and openly. A right to counsel must be invoked?

Back 24

Unambiguous, Unequivocal, and Clearly

Front 25

A suspect's question, "Did you say I could have a lawyer"?

Back 25

Is not an invocation of the right to counsel, so continue to question the suspect.

Front 26

Regarding Implicit Assertion of Rights, a suspect waived his rights, admitted he shot the victim claiming it was self-defense, but when pushed for details said, "Do I still gotta tell you after I admit it?" This statement was not an assertion of rights and the officers could continue questioning:

Back 26

True

Front 27

Jeveniles can waive their Miranda rights without their parents or other adult being present?

Back 27

True

Front 28

Federal Law permits secretly recording a conversation between a minor and an adult who is not his attorney:

Back 28

True.

Front 29

A statement, made in violation of Miranda, if voluntary, may be used in court for impeachment?

Back 29

True

Front 30

A suspect is entitled to sue for a civil rights violation under the Fifth Amendment for which the officers can be found personally liable when:

Back 30

A deliberate violation of miranda occurs and an intentional violation of miranda occurs.

Front 31

It never hurst to re-advise a suspect of his rights, even if he has previously waived, but it is not legally required if the subsequent interrogation is "reasonably contemporaneous" with an earlier, valid waiver?

Back 31

True

Front 32

If a suspect has invoked his right to counsel, you may "try again" without defense counsel being present, if you are from a different jurisdiction, or want to talk about a totally unrelated crime.

Back 32

False

Front 33

If a suspect has invoked his right to counsel, you may "try again" without defense counsel being present, if you are from a dirrerent jurisdiction, or want to talk about a totally unrelated crime.

Back 33

False

Front 34

A suspect waived his Miranda rights and gave a statement before finally stating that he did not "want to say anything else right now". The officer ceased questioning, came back in a hour and asked if he suspect was ready to talk. The officer did not re-advise and the suspect gave a second statement:

Back 34

Both statements are valid.

Front 35

If a suspect has invoked Miranda, contacts you and says he's changed his mind and wants to talk, do you have to re-advise him prior to his voluntarily telling you his story?

Back 35

No.

Front 36

When your question or questions are reasonably prompted by a concern for the safety of another person, a victim, the defendant, or the public at large or by a concern for your own personal safety, this questioning is admissible in court and is called the:

Back 36

Emergency-Rescue Exception and Public Safety Exception.

Front 37

Which Amendment guarantees "the accused the right... to have the assistance of counsel for his defense?"

Back 37

6th Amendment

Front 38

Which Amendment prohibits the police from "deliberately eliciting" information from a represented defendant, only as it relates to the charged crime:

Back 38

6th Amendment

Front 39

An informant, acting as a government agent, I.E., under the direction of the government pursuant to a preexisting arrangement, with the expectation of some resulting benefit or advantage would be a violation of the Sixth Amendment right to counsel:

Back 39

True

Front 40

It is lawful for a police officer to seek a statement from a defendant, in the absence of his attorney, after the right to counsel has been attached where the defendant has initiated the contact, or the defendant has been indicted but not yet made his first court appearance on the indictment:

Back 40

True.