Deck 15: Self-Incrimination

Question 1

Miranda warnings must be given at the time a suspect is arrested and taken into custody.

Answer 1

False

Question 2

If Miranda warnings are given correctly and the suspect does not invoke his/her rights, officers may conduct more than one interrogation session without giving Miranda warnings again.

Answer 2

True

Question 3

Volunteered statements are admissible even though Miranda warnings were not given.

Answer 3

True

Question 4

Prior to questioning a suspect who is in custody, the police must obtain the suspect's explicit consent to talk to them.

Question 5

The Miranda warnings must be given to the suspect in the exact language used by the Supreme Court in the Miranda decision.

Question 6

Officers must stop questioning immediately if a suspect makes an ambiguous request to have an attorney present during questioning.

Question 7

The privilege against self-incrimination can only be invoked if the suspect could be charged in criminal court as a result of statements made.

Question 8

The Fifth Amendment can be used as grounds to refuse to give a voice exemplar.

Question 9

The defendant invokes the privilege against self-incrimination at trial by claiming the Fifth Amendment in response to each question.

Question 10

Juveniles under 16 do not have the legal capacity to waive their Miranda rights.

Question 11

Statements obtained from the defendant in violation of Miranda can be used for impeachment as long as the statements were made voluntarily.

Question 12

Miranda warnings are required when officers stop and question a suspect based on reasonable suspicion.

Question 13

Miranda warnings are required prior to both direct and indirect questioning of a suspect who is in custody.

Question 14

Police violate the suspect's Miranda rights if they do not immediately obtain an attorney for the suspect when he/she asks for one.

Question 15

If a suspect invokes the right to have an attorney present during questioning, the police must not attempt to persuade the suspect to continue the questioning without an attorney present.

Question 16

If the police question a suspect who is in custody without correctly administering the Miranda warnings, all subsequent statements made by the suspect will be inadmissible in court.

Question 17

The fact that the suspect invoked his/her Miranda rights by refusing to talk to the officers does not mean that the officer cannot attempt to question the suspect at a later time.

Question 18

Defendants who have been arraigned have a right to have counsel present during all subsequent interrogation sessions whether or not they are in custody.

Question 19

The privilege against self-incrimination only applies to testimonial communication.

Question 20

Miranda warnings are not required when a suspect is questioned by an undercover police officer posing as a cellmate.

Question 21

Which of the following would be considered a volunteered statement for purposes of Miranda

A)Statement a person makes before police initiate questioning
B)Statement a person makes during interrogation that is not in response to a question
C)Statement a person makes without coercion
D)All of the above qualify as volunteered statements

Question 22

A person who is subpoenaed to testify in a criminal trial (not a defendant) can invoke the Fifth Amendment privilege against self-incrimination by:

A)refusing to take the witness stand.
B)taking the witness stand but refusing to answer any questions.
C)invoking the Fifth Amendment in response to specific questions.
D)A person who is not the defendant cannot invoke the Fifth Amendment.

Question 23

When are the police required to give Miranda warnings

A)Whenever the suspect is detained for any reason
B)At the time of arrest
C)Prior to custodial interrogation
D)Only when a suspect is being questioned at a police station

Question 24

If a suspect who is being subjected to custodial interrogation requests an attorney, the police must:

A)ask the person if he/she is sure that requesting an attorney is in his/her best interest.
B)conduct a screening interview to determine if the person is eligible for a Public Defender.
C)stop questioning immediately.
D)provide the person with an attorney immediately.

Question 25

In which of the following situations can a person successfully invoke the Fifth Amendment as a reason not to cooperate:

A)Blood alcohol test
B)Participating in a line-up
C)Providing a handwriting exemplar
D)None of these can be refused based on the Fifth Amendment

Question 26

The standard for a waiver of Miranda right is:

A)Warnings were correctly given
B)Knowing, intelligent, and voluntary
C)Waiver made after consulting attorney
D)No coercion used to obtain waiver

Question 27

A person who has been acquitted of a crime:

A)cannot not claim the Fifth Amendment privilege against self-incrimination because double jeopardy prevents him/her from being charged for that crime again.
B)cannot claim the Fifth Amendment privilege against self-incrimination because the statute of limitations has been tolled on the crime.
C)cannot claim the Fifth Amendment privilege against self-incrimination because he/she now has immunity from prosecution for that crime.
D)All of these are all correct

Question 28

Once the statute of limitations has run on a crime:

A)the person who committed it cannot invoke the Fifth Amendment in order to refuse to testify about it.
B)the person who committed it has immunity from prosecution for all charges related to that crime.
C)the person who committed it cannot be charged for perjury for statements about the crime.
D)All of these are true

Question 29

When advising a suspect of the Miranda rights:

A)officers must quote the warnings as stated by the Supreme Court in Miranda v.Arizona .
B)officers must give the suspect a Miranda waiver form to sign and must refrain from commenting on it.
C)officers must make sure that the suspect understands the Miranda warnings even if this means explaining them in simple language.
D)officers do not need to read the Miranda warnings if the suspect already knows them.

Question 30

The first Miranda warning states: You have the right to remain silent.This right applies:

A)If you do not invoke the right to remain silent at the start of questioning you do not have the right to invoke it later If you waive the right to remain silent, you cannot invoke it again.
B)If you waive the right to remain silent, you have the right to invoke it at any time during police questioning.
C)The Fifth Amendment right to remain silent applies to questioning by federal agents but does not apply to actions by state law enforcement agents.

Question 31

A person who has been given immunity can invoke the Fifth Amendment privilege against self-incrimination:

A)Never.
B)to protect other people but not him/herself.
C)for crimes not covered by transactional immunity.
D)whenever questioned about a crime he/she committed.

Question 32

If a suspect invokes the Miranda right to remain silent during custodial interrogation:

A)Police may not question the person again without an attorney present
B)Police must stop questioning, but may return several hours later and ask the suspect to waive his/her rights
C)Police must stop questioning immediately, but may resume questioning later as long as no coercion is used
D)Police may not question the suspect further about the crime that was being discussed when he/she invoked Miranda but may ask questions about other crimes

Question 33

The Fifth Amendment privilege against self-incrimination applies to:

A)any evidence that can be used in court during the prosecution of a crime.
B)all forms of testimonial evidence.
C)only to oral statements made in response to questioning by law enforcement officers.
D)only to statements made while testifying in court.

Question 34

A person can invoke a Fifth Amendment right to refuse to participate in a field sobriety test:

A)Never - Fifth Amendment rights cannot be invoked as a reason to refuse to participate in a field sobriety test
B) Fifth Amendment rights can be invoked if a person is asked to speak during field sobriety test
C) Fifth Amendment rights can be invoked if the person is asked about how much alcohol he or she has consumed
D)Always - Fifth Amendment gives a person the right to refuse to do a field sobriety test under any circumstances

Question 35

If the defendant takes the witness stand and lies:

A)the Fifth Amendment protects the defendant from prosecution for perjury.
B)the only legal recourse is for the prosecutor to file perjury charges.
C)the judge can hold the defendant in contempt of court.
D)the judge can add an enhancement to the defendant's sentence due to the fact he/she committed perjury while on the stand.

Question 36

If a suspect invokes the Miranda rights to an attorney during custodial interrogation:

A)Police may not question the person again without an attorney present
B)Police must stop questioning, but may return several hours later and ask the suspect to waive his/her rights
C)Police must stop questioning immediately, but may resume questioning later as long as no coercion is used
D)Police may not question the suspect further about the crime that was being discussed when he/she invoked Miranda but may ask questions about other crimes

Question 37

The Miranda warnings are required during booking:

A)Never
B)Not required when booking officer asks for name of person to contact in case of an emergency
C)Required if booking officer is asking for information regarding the crime for which the suspect is being booked
D)Required prior to asking any questions during booking

Question 38

How is the privilege against self-incrimination invoked prior to arrest

A)Refuse to answer questions and tell the officers that you are claiming your Fifth Amendment rights
B)Refuse to go to the police station and do not provide information for the police
C)Insist the police meet with your attorney instead of you
D)You cannot invoke the privilege against self-incrimination before you are arrested

Question 39

If a suspect was arrested and questioned in violation of Miranda, a voluntary statement obtained during a subsequent interrogation session will be admissible at trial:

A)As long as Miranda warnings are given correctly prior to obtaining the second interrogation
B)Only if the suspect was released from custody for at least 24 hours before the second session
C)If Miranda warnings were given correctly prior to the second interrogation session, the Fruit of the Poison Tree analysis will be used to determine if they are admissible Never

Question 40

Miranda warnings are not required:

A)During a field interview based on reasonable suspicion (Terry stop)
B)When an inmate is questioned by an inmate/informant
C)When an inmate is questioned by an undercover officer
D)All of these are situations in which Miranda warnings are not required

Question 41

Lonnie was the driver of a car involved in a hit-and-run accident that left a pedestrian in critical condition.A high speed pursuit ended when Lonnie crashed his car into a fence.He ran from the scene but was captured three blocks away.He was driven to the police station by Officer Marsh and Officer Nelson.During the drive the officers discussed the case:
Officer Marsh: "Did you hear any more about the pedestrian" "Have you heard anything about the pedestrian"
Officer Nelson: "Only what the EMT said - the poor guy is in bad shape, may not make it through the night."
Officer Marsh: "So it could be a murder case"
Lonnie: "No!! I didn't mean to kill anyone!"
One hour later Detective Olson questioned Lonnie in an interrogation room.He started by giving Lonnie the Miranda warnings and making sure Lonnie understood them.He then asked questions and Lonnie admitted that he was driving too fast, but he said he didn't hit the pedestrian.Detective Olson then told Lonnie that he had to stand in a line-up so people who witnessed the accident could decide if he was the person who was driving when the pedestrian was hit.
Will Lonnie's statement that he didn't mean to kill anyone be admissible in court

A)Yes, the statement was made when there was no formal interrogation taking place.
B)Yes, the Miranda warnings are only required if questioning is done in the inherently coercive atmosphere of a police station.
C)No, the officers were using indirect questions in order to obtain a statement from Lonnie.
D)No, statements suspects make to police officers are only admissible in court if the police provide a recording of the statement.

Question 42

List three situations in which the Supreme Court allows the police to question a suspect more than once.Which of these, if any, do you think follows the spirit of the original Miranda decision

Question 43

List three situations that are not covered by the Fifth Amendment because they are not incriminating.List three situations that are not covered by the Fifth Amendment because they are not testimonial.

Question 44

Will Eric's admission that he smoked three joints be admissible

A)Yes, Officer Davis was not required to give Miranda warnings before booking Eric.
B)Yes, Eric initiated the conversation.
C)No, Officer Davis was using indirect questions to obtain information after Eric was in custody.
D)No, all statements made after arrest are inadmissible unless the person has signed a Miranda waiver form.

Question 45

Did Officer Franklin advise Eric of his rights correctly

A)Yes, if the form he gave Eric contained a verbatim quote from the Supreme Court case.
B)Yes, by signing it Eric acknowledged that he understood his rights.
C)No, there was no indication that Eric understood what he read.
D)No, the Miranda warnings must be given orally so the waiver can be tape recorded.

Question 46

State the Miranda warnings and explain the standard for a waiver.

Question 47

Can Eric have the drug test suppressed as a violation of his Fifth Amendment rights

A)Yes, any incriminating evidence obtained after custodial arrest is inadmissible when Miranda rights have not been explicitly waived.
B)Yes, the Fifth Amendment privilege against self-incrimination applies to physical evidence.
C)No, he can only have the evidence suppressed if he objected at the time the urine sample was obtained.
D)No, the Fifth Amendment privilege against self-incrimination only applies to testimonial evidence.

Question 48

Assume for this question that Eric invoked the right to remain silent when he told Officer Franklin to "Get out of here!": Will Eric's statement to Officer Hill about the carjacking be admissible in court

A)Yes, statements are admissible if the questioning stopped and there is a two hour period before questioning resumes.
B)Yes, the questions related to a different crime than the one being discussed when Eric invoked his right to remain silent.
C)No, the time between sessions was sufficient but Officer Hill did not obtain a Miranda waiver.
D) No, once a suspect invokes the right to remain silent the police are not allowed to question the person again.

Question 49

Will Eric's statement to Officer Franklin be admissible

A)Yes, there is an exception to the Miranda requirements for statements made at booking.
B)Yes, under Berghuis v.Thompkin all statements are admissible if the suspect voluntarily answers questions.
C)No, Eric was in custody at the time Officer Franklin questioned him and he had not waived his Miranda rights.
D)No, the question did not pertain to the charges that Eric was being booked on.

Question 50

Lonnie was the driver of a car involved in a hit-and-run accident that left a pedestrian in critical condition.A high speed pursuit ended when Lonnie crashed his car into a fence.He ran from the scene but was captured three blocks away.He was driven to the police station by Officer Marsh and Officer Nelson.During the drive the officers discussed the case:
Officer Marsh: "Did you hear any more about the pedestrian" "Have you heard anything about the pedestrian"
Officer Nelson: "Only what the EMT said - the poor guy is in bad shape, may not make it through the night."
Officer Marsh: "So it could be a murder case"
Lonnie: "No!! I didn't mean to kill anyone!"
One hour later Detective Olson questioned Lonnie in an interrogation room.He started by giving Lonnie the Miranda warnings and making sure Lonnie understood them.He then asked questions and Lonnie admitted that he was driving too fast, but he said he didn't hit the pedestrian.Detective Olson then told Lonnie that he had to stand in a line-up so people who witnessed the accident could decide if he was the person who was driving when the pedestrian was hit.
Assume for this question that Officers Marsh and Nelson violated Lonnie's rights by not giving him Miranda warnings before questioning him: Will Lonnie's statements to Detective Olson be admissible in court

A)Yes, Detective Olson properly advised Lonnie of his Miranda rights.
B)Yes, Lonnie made the statements voluntarily and without coercion.
C)No, Detective Olson used the statements obtained by Officers Marsh and Nelson in order to persuade Lonnie to make incriminating statements.
D)No, all subsequent statements to the police are not admissible due to the improper interrogation by Officers Marsh and Nelson.

Question 51

Will Eric's statement "Acapulco gold.Best marijuana ever!" be admissible in court if Eric is charged with driving under the influence of marijuana

A)Yes, an officer is not required to give Miranda warnings during a traffic stop.
B)Yes, Eric made the statement voluntarily.
C)No, Officer Davis must give Miranda warnings before questioning a suspect.
D)No, Eric could not make a Miranda waiver because he was on drugs.

Question 52

Can Lonnie assert the Fifth Amendment as grounds to refuse to participate in a line-up

A)Yes, being picked out of a line-up is incriminating.
B)Yes, Lonnie can invoke his Miranda rights and refuse to participate in any activity the police are engaged in.
C)No, the right to refuse to participate in a line-up does not apply prior to arraignment or indictment.
D)No, participation in a line-up is not a form of testimonial communication.

Question 53

Assume for this question that Eric received a valid set of Miranda warnings: Is Eric's statement to Officer Franklin that George supplied marijuana admissible in court

A)Yes, the right to counsel that attaches at arraignment only applies to the charges that the defendant was arraigned on.
B)Yes, a suspect does not have the right to have counsel present when questioned about charges that have not been file.
C)No, once a person has been arraigned an attorney must be present during questioning by the police.
D)No, once charges are filed the police are not allowed to interrogate the defendant.

Question 54

Compare and contrast interrogation during a stop based on reasonable suspicion and one after arrest.

Question 55

Compare and contrast the Miranda rights and those the Supreme Court applied in the Massiah case for suspects who have been indicted.Poorly phrased and