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5th Amendment self incrimination (Police interrogation (Custodial…
5th Amendment self incrimination
Exceptions to Miranda
Public Safety
Routine Booking
Undercover Police
Individual privilege not held by corporations, groups, partnerships etc...
Does not generally apply to an individual's voluntarily prepared business papers or records
Invoking the privilege
For a defendant they do not have to take the stand
Witness can only invoke in response to a specific question when there is a reasonable chance they might incriminate themselves
witness waives privilege by disclosing incriminating information in response to a specific question/ defendant takes the stand
Police interrogation
Custodial interrogation - when in police custody
Location irrelevant
at the crime scene - needs Miranda if can not leave
imprisonment does not necessarily mean custodial for Miranda
Interrogation
Voluntary statements not protected
cannot use trickery
Once a custodial interrogation begins, anything the defendant says is inadmissable until the defendant is informed of the Miranda rights AND the defendant waives those rights
Warning must be given before the interrogation begins
Right to counsel
Specific unambiguous statement asserting the desire to have counsel present
All interrogation must stop until attorney is present
Right to silence
Specific unambiguous desire to remain silent
must be "scrupulously honored"
At trial Scope of 5th
May refuse to testify at trial but prior statements may be used to impeach