Interview Procedures Flashcards

Miranda warnings are required when a suspect is:

Answer: In custody AND being subjected to interrogation

Miranda warnings are triggered when two conditions are met simultaneously: the person is in custody and is being interrogated by law enforcement.

Which statement correctly describes a valid Miranda waiver?

Answer: It must be voluntary, knowing, and intelligent

A Miranda waiver is legally valid only when it is given voluntarily, knowingly, and intelligently by the suspect.

Under the public safety exception established in New York v. Quarles, officers may:

Answer: Ask questions necessary to address an immediate public safety threat without Miranda

The public safety exception permits officers to ask questions about an immediate danger before administering Miranda warnings.

Per Edwards v. Arizona, once a suspect requests counsel, questioning must:

Answer: Stop immediately and not resume unless the suspect reinitiates contact

Edwards v. Arizona requires all interrogation to cease once counsel is requested; it may not resume unless the suspect voluntarily reinitiates communication.

Spontaneous statements made by a suspect before any police questioning are generally:

Answer: Admissible since they were not the product of interrogation

Spontaneous, unsolicited statements are not the product of interrogation and are generally admissible without prior Miranda warnings.

A Beheler warning is used to inform a person that:

Answer: They are free to leave and are not under arrest

A Beheler warning establishes that the person is not in custody and is free to leave, helping confirm the encounter is non-custodial.

Under California Penal Code Section 859.5, custodial interrogations must be electronically recorded in:

Answer: Homicide and sexual assault cases

California Penal Code 859.5 mandates electronic recording of custodial interrogations specifically in homicide and sexual assault cases.