Exam 19: Confessions and Admissions: Cases Weakening Miranda

In which of the following cases the Supreme Court held that confessions and admissions are involuntary and invalid under the Constitution only if coercive police activity is involved.

A defendant's refusal to submit to a blood-alcohol test can be used as evidence of guilt later in court.

A confession made after proper Miranda warnings and waiver of rights is admissible even if the police obtained an earlier voluntary but unwarned admission from the suspect.

In ________, the Court held that the request for counsel at a bail hearing is different from a request for counsel when being interrogated by the police for a crime.

In Berghuis v. Thompkins, the Court held that a suspect must make an unambiguous invocation of the right to remain silent; otherwise, statements made will be considered ________ and a waiver of the right.

The warning of the right to remain silent does not have to be accompanied by the explanation that anything said can and will be used against the individual in court.

A valid waiver of the Miranda rights allows the police to ask questions of the suspect about any crime as long as the interrogation does not involve misrepresentation or deception.

The Miranda warnings need not to be given in a particular wording format as long as they reasonably convey to the suspect his or her rights.

In Pennsylvania v. Muniz, the Court ruled that the police may validly ask ________ questions of persons suspected of driving while intoxicated and videotape their responses without giving them the Miranda warnings.

As long as police behavior is legal, a waiver is considered voluntary under the Constitution and its admissibility is governed by state law.

The waiver of rights has to be complete and unconditional to be valid.

Statements made when the mental state of the defendant interfered with his or her "free will" and "rational intellect" are automatically excludable.

There is a requirement that the police produce a lawyer on call.

Which of the following cases carves out a "public safety" exception to the Miranda rule?

In which decision did the Supreme Court further reiterate the fact a suspect must expressly invoke his or her Fifth Amendment right?

The Miranda rule protection against self-incrimination prohibits only ________ self-incrimination and does not prohibit ________ self-incrimination.

How can a defendant's refusal to answer questions by law enforcement before any arrest or placement in custody be used during trial?

Failure to give a suspect the Miranda warnings does not require suppression of the ________ fruits of the suspect's unwarned but voluntary statements.

Concern for public safety does not represent an exception to the Miranda rule.

What did the Court established in Davis v. United States regarding the continuation of questioning in cases where a suspect has knowingly and voluntarily waived his or her Miranda rights?