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138
C. Secret Interrogations Using Police Undercover Agents, Paid Informants, and Jailhouse
Snitches
1. Undercover interrogations conducted after formal charges are lodged violate the Sixth
Amendment right to counsel.
2. Kuhlmann v. Wilson (Part II). on murder
charges, police planted an informant, Benny Lee, in the same cell with him, with
D. Procedural Requirements for Conducting Post-Attachment Interrogations
The procedural requirements for conducting pre- and post-attachment interrogations are now
the same. Before seeking to engage a criminal defendant in a discussion of charges pending
against him, police must administer Miranda warnings, obtain a valid waiver, and conduct
E. Offense-Specific Nature of the Sixth Amendment right to counsel
The Sixth Amendment right to counsel is offense-specific, meaning that it applies only when
police question a defendant under formal charges about that offense. It does not apply when
§6.10 Use of Inadmissible Confessions for Impeachment
A. An inadmissible confession may be used for impeachment if:
1. The defendant decides to take the witness stand and testify at his or her trial.
B. When a confession is admitted for impeachment purposes, the jurors may consider it only for
the sake of evaluating the veracity of th ent trial testimony. They may
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§6.11 Restrictions on the Use of Derivative Evidence
A. Confessions often lead to the discovery of other evidence. Evidence derived through a
confession, such as physical evidence, witness leads, and later confessions, is called
B. Physical evidence, witness leads, and subsequent confessions that derive from confessions
C. Physical evidence, witness leads, and subsequent confession that derive from a confession
obtained without Miranda warnings, in contrast, are admissible if the confession was
voluntary and the violation of the Miranda rule was not deliberate.
1. Missouri v. Seibert (Part II). This case involved a deliberate violation of the Miranda
rule. Seibert was arrested for instigating a fire that killed a mentally ill teenager staying
in her home. She was questioned at the police station, without Miranda warnings, for 30
to 40 minutes until she confessed. The officer then administered warnings, obtained a
§6.12 Restrictions on the Use of Confessions Given by Accomplices
A.
B. However, the confession of one accomplice cannot be used as evidence against another
§6.13 The Requirement of Corroboration of Valid Confessions
A. Many states impose a statutory restriction on the admission of confessions called the corpus
Review Questions
140
1. Confessions may be excluded from criminal trials if they are obtained in violation of an
assortment of constitutional and statutory provisions. List the constitutional or statutory
provisions and briefly describe the restriction each imposes. (§6.1)
2. Which of the five requirements discussed in this chapter are in effect during Phase 1
(investigative questioning of suspects who are not in custody)? (Figure 6.1)
5. What is the justification for suppressing involuntary confessions? What two elements must
combine for a confession to be suppressed under the free and voluntary requirement? Give
several examples of improper interrogation tactics. What factors do courts consider in
9. When a confession is suppressed under the Fourth Amendment exclusionary rule, what effect
does this have on the admissibility of evidence discovered through the confession? (§6.3,
6.11)
10. Once a suspect has been placed under formal arrest or taken into custody, two new
requirements go into effect. What are they? (§6.4)
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15. Are warnings required during routine traffic stops? During Terry stops? Explain why or why
not. (§6.7)
16. Officer Nichols observed a vehicle speeding on the expressway, activated his siren, and then
pulled the vehicle over. Nichols approached the vehicle, asked the driver, Frank Long, for his
license and registration, and issued a citation for speeding. While speaking with Long,
17. Miranda purposes? What is necessary for police words or
actions, not involving an express question, to be considered i
several examples of police words or actions that constitute the functional equivalent of an
express question. (§6.7)
18. Are warnings required before asking routine booking questions? (§ 6.7)
22. What is necessary for an effective waiver of Miranda rights? Discuss. (§6.8)
23. What is necessary to obligate the police to cease questioning after a suspect has made a valid
waiver of Miranda rights and questioning has begun? (§6.8)
24. Under what conditions, if any, may police resume questioning after the suspect has made a
clear and unambiguous request to speak with an attorney? (§6.8)
142
29. What do police have to do to obtain a valid waiver of the Sixth Amendment right to counsel
from a defendant who has already retained counsel or requested court-appointed counsel?
(§6.9)
32. What is derivative evidence? (§6.11)
33. Is derivative evidence admissible when it derives from a confession obtained in violation of
the: (1) due process free and voluntary requirement? (2) Fourth Amendment search and
seizure clause? (3) Miranda rule? (4) Sixth Amendment right to counsel? (§6.11)
Examination Questions (* indicates the correct answer)
(§6.1)
1. The constitutional requirements for an admissible confession vary with the stage in the
development of a criminal case at which the confession is obtained. The free and voluntary
requirement applies during:
2. Miranda procedural requirements apply during:
3. The free and voluntary requirement derives from the:
143
4. Which of the following factors is relevant in deciding whether the
was voluntary?
(§6.2)
5. The free and voluntary rule requires suppression of confessions:
6.
presence to determine whether it was voluntary. Concerning which party has the burden of proof
and the quantum of evidence required, the Supreme Court has ruled that the:
7. The Fourth Amendment exclusionary rule requires suppression of confessions that are
mendment rights. Suppose a suspect
confesses at the police station several hours after being arrested without probable cause. Which of
the following are sufficient to break the causal chain and render the subsequent confession
admissible?
8. A suspect was arrested on federal bank robbery charges, taken to FBI headquarters, and read
Miranda warnings. He stated that he understood his rights and signed a written waiver. He
confessed an hour and a half later, but was not taken before a magistrate until noon the next day,
even though magistrates were available. He was tried in a federal court and moved to suppress his
confession under the McNabb-Mallory rule. Under the current state of the law, the confession
must be:
9. Miranda decision was based on:
(§6.7)
10. Police must observe the requirements imposed by the Miranda rule only when:
(§6.7)
11.
Miranda warning purposes?
12. Sam robbed the Whosville Bank with a gun. A high-speed chase ensued, which ended when
Sam lost control of his vehicle and ran into a telephone pole. The officer first on the scene placed
Sam under arrest, frisked him, and th
was in his glove compartment. The officer retrieved the gun, placed Sam in the patrol car, and
many years am I going have to do fo
statements, because Miranda warnings were not administered until after he was inside police
headquarters. The court should suppress:
13. In which of the following situation(s) must Miranda warnings be administered?
14. The Supreme Court has ruled that waivers of Miranda rights are not effective unless:
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15. Sam was arrested for burglary and taken to the police station. After Sam was booked,
Detective Johnson administered Miranda warnings. Sam stated that he understood his rights, and
blished Supreme Court rulings,
Detective Johnson:
(§6.8)
16. Sam was arrested for burglary and taken to the police station. On arrival, Detective Johnson
administered Miranda warnings. Sam stated that he understood his rights, and proceeded to sign a
hed Supreme Court rulings, Detective Johnson:
17. There are several important differences between the Miranda (Fifth Amendment) and the
Sixth Amendment right to counsel. These differences include:
(§6.9)
18. The Sixth Amendment right to counsel applies:
146
19. A defendant under formal charges may give a valid waiver of the Sixth Amendment right to
counsel:
20. An inadmissible confession may be used for purposes of impeachment only if:
21. The fruit of the poisonous tree doctrine generally does not apply to the fruits of confessions
obtained in violation of:
22. A confession given by one accomplice implicating another is not admissible as evidence
against the latter unless:
Multiple Choice Questions (*indicates correct answer)
1. The legal hurdles that confessions must pass in order to be considered constitutional stem from
the following group of amendments:
2. ___________ begins when police officers place a suspect under formal arrest or take a suspect
into custody:
3.
4. The following rule protects defendants against an undue delay in arraignment:
5. Miranda v. Arizona is based on the following:
6. _________ are always exempt from having to provide Miranda warnings:
7. Suspects are required to be advised of all of the following in a Miranda warning except for:
8. After a suspect invokes the right to counsel, questioning may resume only if:
9. Sixth Amendment right to counsel attaches at this point:
10. The following describes the protection standard afforded under the Sixth Amendment:
11. An inadmissible confession may be used to impeach the witness if:
12. _________ is the independent proof required in addition to a confession that a crime has been
committed:
True/False Questions (*indicates correct answer)
1. A confession does not have to derive from improper government activity to be considered
involuntary in the constitutional sense.
2. Force and brutality render confessions involuntary as a matter of law.
3. State courts are not required to follow the McNabb-Mallory rule.
4. Miranda safeguards do not only apply when police interrogate a suspect who is then in custody.
5. Miranda safeguards are not required when a suspect is not aware that he is speaking to a police
officer.
6. Police only need to administer Miranda warnings once over the course of an investigation.
7. The right to counsel is addressed in the Sixth Amendment.
8. The legal requirements in effect during police questioning vary with the stage when questions
are asked.
9.
freedom of choice.
10. Custodial interrogation has three components.
