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27. When a suspect asks for an attorney during custodial interrogation:
police can continue questioning while an attorney is summoned.
police can resume questioning after an attorney has been provided, even if the attorney is not present.
police must stop questioning until an attorney is present or the suspect initiates further conversation with them.
police can never question the suspect again without an attorney being present.
CRPR.SAMA.18.08.03 – Understand the “bright line” rule established in Miranda v. Arizona
and appreciate its importance to custodial interrogation. Know the wide variety of police
behavior that can be considered custodial interrogation and the circumstances in which
unwarned statements are admissible in trial.
28. In Berkemer v. McCarty, involving Miranda warnings and whether they must be given to stopped motorists, the Court
held that:
motorists should not be questioned during a traffic stop.
all motorists must be Mirandized when stopped.
brief questioning during a traffic stop was a “custodial interrogation.”
brief questioning during a traffic stop was not a “custodial interrogation.”
CRPR.SAMA.18.08.03 – Understand the “bright line” rule established in Miranda v. Arizona
and appreciate its importance to custodial interrogation. Know the wide variety of police
behavior that can be considered custodial interrogation and the circumstances in which
unwarned statements are admissible in trial.
29. What rationale states that involuntary confessions aren’t just unreliable and contrary to the accusatory system of
justice, they’re also coerced if they’re not “the product of a rational intellect and a free will” (307)?
the reliability rationale
the implied waiver rationale
the accusatory system rationale