Criminal Procedure: Miranda

Miranda Rule:

• If adequate warnings are not given prior to a custodial interrogation, incriminating statements made by accused are inadmissible in the prosecution's case in chief.

• HOWEVER, voluntary confessions obtained without Miranda may be used to impeach D's trial testimony.

Miranda Warnings:

• You have the right to remain silent. Anything you say can and will be used against you in court. You have the right to counsel. If you cannot afford one, one will be appointed for you. You have the right to terminate the interrogation at any time.

Custody = you are in custody, if, at the time of interrogation, you are not free to leave.

• Probation interviews and routine traffic stops are non-custodial, thus Miranda warnings are not needed.

Interrogation = Any conduct where the police knew or should have known that they might get a damaging statement.

• Warnings are NOT required prior to the admissibility of a spontaneous statement.

Valid waiver of Miranda

• must be voluntary and intelligent
• no waivers by silence or shoulder shrugging

Public Safety Exception to Miranda:

• Evidence derived from custodial interrogation is admissible, even in absence of prior Miranda warnings if (1) it was voluntarily given and (2) a risk to public safety existed at the time of questioning.

Interrogation muse cease when either D requests an attorney or states that he wishes to remain silent.