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Unformatted text preview: provided if the accused cannot afford one. Police Interrogations After the Miranda warning has been given and the opportunity to exercise the rights detailed in the warning has been given...the suspect may knowingly and intelligently waive those rights Knowing waiver: one is aware of rights against self-incrimination (language is important) Intelligent waiver: to understand consequences of waiving these rights Police Interrogations
Once a suspect in custody has requested an attorney, all questioning must cease until the attorney is present (Edwards v Arizona, 1981) Interrogations may not resume after the suspect has had an opportunity to speak with his/her attorney...when the lawyer is no longer present (Minnick v. Mississippi, 1990) Police Interrogations Exceptions to Miranda: Undercover police plants (JAIL HOUSE PLANTS) Public safety exception--consideration of public safety override right of advisement of rights...to prevent harm to others...
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- Spring '07