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Excluding Evidence for a Fifth Amendment Violation - Coggle Diagram
Excluding Evidence for a Fifth Amendment Violation
Was the statement testimonial and made by the defendant to government personnel?
Yes :check:
Was the statement coerced?
• Under the totality of the circumstances, the defendant’s will was overborne
• May be accomplished by physical force, threats of force, or other coercive behavior
Yes :checkered_flag:
Exclude the Statement
No :red_cross:
No :red_cross:
Does Miranda apply (custodial interrogation)?
Yes :check:
Did LE give proper Miranda warnings?
• Remain silent
• Statements can and will be used against you
• Right to counsel
• If indigent, counsel will be provided
No :warning:
If questioning continued, Miranda violated! Exclude the statement unless public safety exception applies.
Yes :check:
Did the defendant unambiguously and unequivocally invoke (and not waive) Miranda rights?
Yes :checkered_flag:
Miranda violated! Exclude the statement unless public safety exception applies.
No :no_entry:
No basis for Fifth Amendment exclusion
No :no_entry:
No basis for Fifth Amendment exclusion