CFI Exam Prep

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CFI Exam Prep
2013-05-21 13:20:46
Miranda Custody

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  1. Miranda Rule
    Harris v New York
    Statements may be used to impeach the defendants credibility
  2. Miranda Rule
    Edwards v Arizona
    When the suspect asks for an attorney all questioning must cease
  3. Miranda Rule
    Oregon v Bradshaw
    The court held that his confession was admissible because he began the conversation with police, after he had invoked his right to counsel
  4. Miranda Rule
    Dickerson v United States
    The fifth & fouteenth Amendment to the Constitution applied to all local, state and federal law enforcement regardless of their jurisdiction
  5. Miranda Rule
    New York v Quarles
    The court further ruled that as long as there was concern for the officer's or public safety it was permissible to question the suspect outside the Miranda warnings
  6. Suspects Waiver
    When a suspect invokes he right to silence or requests an attorney, all questioning must cease
  7. Suspects Waiver
    Davis v United States
    The suspect must unambiguously request an attorney. The court also held that Miranda warnings and the request for an attorney is incident specific
  8. Suspects Waiver
    Minnick v Mississippi
    The court held that once the suspect requests an attorney, the interrogator must cease and not continue any questioning until the attorney is present. Even after the suspect has consulted with his attorney, no questioning can resume without the attorney being present
  9. Custody
    Oregon v Mathiason
    His subsequent confession was admissible because he was allowed to leave the station after making his confession
  10. Custody
    Illinois v Perkins
    • Where the court held that prison interrogations are non-custodial, unless there are some additional constraints on the suspect, beyond that what would be normally found in that environment.
    • Four part test: The language; The physical surrounding; The extent to which the prisoner is confronted; Any additional pressure
  11. Custody
    Berkemer v McCarthy
    Determined that traffic stops are non-custodial when probable cause exists
  12. Custody
    Terry v Ohio
    The court allowed police, upon "reasonable suspicion", to freeze a situation.

    Terry Stop