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CJA 3400 - Test 2

Constitutional Issues

QuestionAnswer
Coercive confession by an inmate acting under the color of law Arizona v. Fulminante
Court ruled informant was a police actor but the confession was not obtained by coercion or in a police-dominated atmosphere Illinois v. Perkins
Functional equivalent of direct questioning and words or actions that likely lead to an incriminating response requires Miranda Brewer v. Williams
Gun near handicap school; conversation among officer IFO patrol car Rhode Island v. Innis
Gun in grocery store; public safety issue doesn't require Miranda warnings New York v. Quarrels
Right against self-incrimination does not apply to non-testimonial evidence, so no Miranda is required Pennsylvania v. Muniz
Treat silence as a waiver of rights Berghuis v. Thompkins
"Maybe I need a lawyer" is no sufficient to invoke rights - it must be clear an unequivocal Davis v. United States
Invocation of right to silence (and other rights) must be "scrupulously honored" Michigan v. Mosely
A break in Miranda custody lasting more than two weeks is all that is required to re-initiate conversation between the police and defendant Maryland v. Shatzer
post-Miranda confession is only admissible if the Miranda warning and accompanying break are sufficient to give the suspect the reasonable belief that she has the right not to speak with the police Missouri v. Siebert
Cannot interrogate defendant after formal charges have been filed, without Miranda first; call by co-conspirator on behalf of police was interrogation State v. Dodson
Created by: easytc