Test 2 day 3 - Advanced Principles—CCJ 3024 Day 11(Week...

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Advanced Principles—CCJ 3024 Day 11 (Week 6)— Rules and Limitations on Police Behavior Dr. Jodi Lane Tuesday, September 27 Fall 2014 (2 hours)
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Rules and Police Procedures: ________________ Remember, the 5 th Amendment = right against self- incrimination Miranda v . Arizona (1966) Police must inform people of their right against self- incrimination once they are taken into custody (meaning, not free to leave) Created the Miranda Rights: Right to remain silent If make a statement, can be used against him/her in court Right to consult an attorney and to have the attorney present at interrogation If cannot afford one, state will provide one S&W, p. 135
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More on ____________ If not ____________ warning = evidence from interrogation not admissible at trial Person can ___________ Miranda rights State must show that defendant had full knowledge of rights when did so Consider: Is an interrogation ever NOT ___________? “This is your chance to cooperate.” S&W, p. 135
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Important Cases Related to Miranda Issues (some on p. 136-137) Brewer v. Williams (1977) “Christian Burial Speech” Suspect arraigned, but officers picked him up to drive him to their jurisdiction and he had been read Miranda (had an attorney and were told not to question him) “this little girl should be entitled to a Christian burial” Talked him into showing them where body was Court ruled he had a right to counsel during the questioning Fare v. Michael (1979) Miranda only applies to Attorney Cannot request priest, probation officer, etc. New York v. Quarles (1984) Police can question in field without Miranda warning if information needed to protect public safety (e.g., where’s the weapon?) S&W, p. 136
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Important Cases Related to Miranda Issues Colorado v. Connelly (1986) For mentally-impaired people, admissions are ok if police acted properly and “preponderance of evidence” that person understood rights Moran v. Burbine (1986) Only the suspect can request an attorney, not family and friends So, if family requested an attorney, can still use admission of suspect S&W, p. 136
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Important Cases Related to Miranda Issues Minnick v. Mississippi (1990) Once counsel requested, questioning must stop until attorney present Davis v. United States (1994) If ambiguous reference to attorney, police may continue questioning “maybe I should talk to an attorney” S&W, p. 136
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Important Cases Related to Miranda Issues Chavez v. Martinez (2003) Don’t need to give Miranda to suspect until case becomes criminal issue US v. Patane (2004) A voluntary statement given in absence of Miranda can be used to obtain evidence used at trial Missouri v. Seibert (2004) Miranda must be given before interrogation begins S&W, p. 136-137
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Important Cases Related to Miranda Issues Maryland v. Shatzer (2010) Miranda protections do not apply if released from police custody for at least 14 days and then questioned.
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